Spectrum360’s Terms and Conditions of Use (“Agreement”) 2017-05-08T01:02:54+00:00

Spectrum360’s Terms and Conditions of Use (“Agreement”)

This Agreement was last modified on July 23, 2016

AGREEMENT BETWEEN USER AND Spectrum360 (“S360”, “us”, “we”, or “our”) offers this www.spectrium360.org (the “Site”) to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Agreement”).

Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

Introduction

Please read the Agreement carefully before using the Site or the Blog. This Agreement sets forth the legally binding terms and conditions for your use of the Site and the Blog.

The Site and Blog are complimentary information services offered by Spectrum360 at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Agreement.

Spectrum360 reserves the right to change these terms, conditions, and notices under which the Site and Blog are offered at any time, and you must consult the most recent version of this Agreement (not an older cached version) each time you view the Site or Blog. Continued use of this Site or Blog constitutes your acceptance of all of the following terms and conditions.

This Site uses cookies. By using this Site and agreeing to these terms and conditions, you consent to Spectrum360’s use of cookies in accordance with the terms of Spectrum360’s Privacy Policy.

Acceptable use

As a condition of your use of the Site and/or Blog, you warrant to S360 you will not use this Site or Blog in any way that is prohibited by these terms, conditions, or notices; that causes, or may cause, damage to the Site or Blog or impairment of the availability or accessibility of the Site or Blog; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Site or Blog to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or Blog. Similarly, you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website or Blog without Spectrum360’s express written consent.

You must not use this Website or Blog to transmit or send unsolicited commercial communications.

You must not use this Website or Blog for any purposes related to marketing without Spectrum360’s express written consent.

Disclaimer statement

Spectrum360’s Site and Blog are for informational purposes only and are not meant to serve as educational advice. Use of our Site and Blog constitutes an agreement by the users not to hold Spectrum360 or any of its employees or officers liable or responsible for information posted to the Site or Blog or other forums by persons or entities not associated with Spectrum360. You acknowledge that the information on the Site and Blog is provided “as is” for general information only. It is not intended as educational advice, and should not be relied upon as a substitute for consultations with qualified educational professionals who are familiar with your individual educational needs.

When you join Blog discussions (“Discussions”), you agree to abide by all these Terms and Conditions. We can remove any messages or solicitations that do not meet the standards of these Terms and Conditions.

By way of example, and not as a limitation, you agree that when partaking in Discussions, you will not:

  • Use, upload, share, post or otherwise disseminate any content or material which is threatening, harassing, libelous, defamatory, vulgar, profane, obscene, abusive, harmful, sexually oriented, racially offensive, inaccurate, infringes, or otherwise objectionable.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Discussions.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Discussion(s).
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Use, upload, share, post or otherwise disseminate any content or material that encourages or promotes conduct that constitutes a criminal offense, or might give rise to civil liability or otherwise violate any applicable local, state, Federal or international law or regulation, or encourage the use of controlled substances, is prohibited. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Spectrum360 has no obligation to monitor the Discussions. However, Spectrum360 reserves the right in its sole discretion to review materials posted to a Discussions(s) and to remove any materials at any time, for any reason, without notice to you. Spectrum360 reserves the right to terminate your access to any or all of the Discussions at any time without notice for any reason whatsoever.

Spectrum360 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Spectrum360’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Discussions. Spectrum360 does not control or endorse the content, messages or information found in any Discussions and, therefore, Sepctrum360 specifically disclaims any liability with regard to the Discussions and any actions resulting from your participation in any Discussion(s). Managers and hosts of any Discussions are not authorized as Spectrum360 spokespersons, and their views do not necessarily reflect those of Spectrum360.

Materials uploaded to Discussions may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Endorsements

You acknowledge that the opinions and recommendations contained in this Site and Blog are not necessarily those of Spectrum360 or endorsed by us. Spectrum360 may provide links on the Site and Blog to other websites that are not under the control of Spectrum360. In general, any website which has an address (or URL) which does not contain “Spectrum360” or “spectrum360.org” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by Spectrum360 of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

Content usage policy

Unless otherwise indicated, all information contained on our Site and Blog, www.spectrum360.org in written form including but not limited to text, graphics, logos, button icons, video or audio clips is proprietary to Spectrum360 and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part any manner without Spectrum360’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website, and, unless otherwise stated, the user may make one permanent copy of each page of the Website and Blog, brochure or booklet to be used by the user for personal and noncommercial uses which do not harm the reputation of Spectrum360. To obtain written consent contact us at webmaster@spectrum360.org.

Once written consent is given in the form of a signed permission agreement, the following restrictions apply:

  • The content may be used for informational, non-commercial purposes only.
  • Any copy of content or portion thereof must include a Spectrum360 cite line as “copyrighted and published by Spectrum360, no part of this document may be reproduced without written consent.”
  • Spectrum360 has the right to revoke such authorization at any time, and any such use must be discontinued upon notice from us.

Electronic file sharing is fair use and is encouraged

In addition to the foregoing copyright policy which protects Spectrum360’s Site and Blog from commercial exploitation by others, Spectrum360 has an overarching policy concerning file sharing on electronic media which encourages electronic downloading and sharing of copyrighted material on Spectrum360 public (non-password-protected) Site and Blog, conditioned only on including “copyright (or ©) Spectrum360 (date)” under or above the material copied and shared. The date to be used is the date of the download. It is Spectrum360’s mission to make evidence-based insights into the most effective special needs education widely available through this procedure without sacrificing copyright protection. Thus, Spectrum360 permits electronic copying and sharing of all portions of its public Site and Blog other than any photographs of students or adults contained therein, and requests in return only the customary copyright acknowledgement, using that word or the circle c symbol and the date of the download.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit, post, upload, or input to this Site and Blog, for whatever purpose.

You grant to Spectrum360, its affiliated companies and necessary sub licensees, permission to use your user content in connection with the operation of the Site and its Internet businesses including, without limitation, a worldwide, irrevocable, non-exclusive, royalty-free licenses and rights to use, reproduce, adapt, publish, transmit, display, edit, reformat, translate and distribute your user content in any existing or future media. You also grant to Spectrum360 the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Spectrum360 or a third party (in each case under any applicable law).

By posting, uploading, inputting, providing or submitting your user content you warrant and represent that you own or otherwise control all of the rights to your user content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your user content.

You must not submit any user content to the Site or Blog that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Spectrum360 reserves the right to edit or remove any material submitted to this Site or Blog, or stored on our servers, or hosted or published upon this Site or Blog.

Linking your website to Spectrum360’s website

Spectrum360 is dedicated to promoting the most effective special education experience through its educational and support services. Spectrum360 therefore encourages and permits links to our Site and Blog that support this mission. As such, Spectrum360 allows external, hyper-text links to Site, provided:

  • any text-only link must clearly be marked “Spectrum360”;
  • the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with Spectrum360’s name, programs and trademarks;
  • the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than Spectrum360 is associated with or sponsored by S360 or its programs;
  • the link, when activated by a user, must display this Site or Blog full-screen and not with a “frame” on the linked website. Spectrum360 considers framing, the practice of intact reproduction of a page or pages of one website to another website, to be deceptive and a violation of Spectrum360’s copyright rights. No authorization or permission is given for framing our content, whether in whole or in part;
  • Spectrum360 reserves the right to revoke its consent to external links at any time at its sole discretion and require that said links are abolished; and
  • Spectrum360 reserves the right to require a reciprocal link to the linking site.

The Spectrum360 website and blog linking to external websites

Spectrum360 is a nonprofit, committed to presenting material in a nonpartisan, noncommercial manner. Thus, links to Spectrum360’s Site and Blog should not be used for inappropriate, political or commercial purposes, or suggest that Spectrum360 promotes, endorses or sponsors any third party’s causes, ideas, products or services. Additionally, such links or sites are not under the control of S360 and S360 is not responsible for the content, information, or materials contained on the host website. Links to external websites are provided for convenience of reference only and are not intended as an endorsement by S360 of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you use.

Recognition

Sponsors may be recognized on Spectrum360’s Site or Blog and may include the sponsor logo, link to the sponsor website, and a brief overview of the sponsor’s chief business activity. Internet-based sponsorship recognition will generally be limited to a sponsor section of the Site or Blog but may also include, in certain circumstances, recognition on the Site’s or Blog’s homepage and in other prominent areas.

The following guidelines will apply:

  1. Sponsors may post Spectrum360’s logo and a link to www.spectrum360.org on the sponsor website. The logo use must conform to our Branding Guidelines and any requirement set out in written agreement. To ensure that most up-to-date logo is being used, logo must be requested from the organization at the time it is needed.
  2. Spectrum360 does NOT endorse companies, products or services and strictly prohibits the suggestion of endorsement, recommendation, or superiority of one company, product or service over another company, product or service.
  3. A Sponsor’s logo and link may not reside on Spectrum360’s program-related pages, with the exception of fundraising activities.
  4. When Spectrum360’s Site or Blog includes links to other sites, the S360 does not assume any responsibility or liability for any communications or materials available at the sites to which it links, including responsibility or liability for their accuracy. No link on S360’s Website or Blog is a referral or endorsement of either the linked-to entity or any product or service.
  5. S360 will provide links from its Website and Blogs to others where there is mutual benefit, either formalized in an agreement or by an informal understanding.

Restricted access

Access to certain areas of this Site is restricted. Spectrum360 reserves the right to restrict access to areas of this Site, or indeed this entire Site, at our discretion.

If Spectrum360 provides you with a user ID and password to enable you to access restricted areas of this Site, you must ensure that the user ID and password are kept confidential.

S360 may disable your user ID and password in our sole discretion without notice or explanation.
Termination

We may, in our sole discretion, terminate your access to the Site and/or Blog for any reason, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature shall survive termination, including, without limitation, ownership provisions, indemnity, and limitations of liability.

Contact us

If you have any questions about this Agreement, please contact us at webmaster@spectrum360.org.

Limitation of liability

Spectrum360 is not responsible if information made available on this Site or Blog is not accurate, complete or current. As set forth above, the material on this Site or Blog is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on this Site or Blog is at your own risk. This Site or Blog may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. You agree that you will hold harmless Spectrum360 and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Site and Blog or the information contained in this Site and Blog or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Site and Blog or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will Spectrum360 or the contributors of information to this Site and Blog be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR BLOG MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPECTRUM360 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR BLOG AT ANY TIME.

ADVICE RECEIVED VIA THE SITE OR BLOG SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SPECTRUM360 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

SPECTRUM360 AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPECTRUM360 AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR BLOG, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR BLOG, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR BLOG, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR BLOG, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to indemnify, defend and hold harmless Spectrum360 and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions of Use. If you cause a technical disruption of the Site or Blog or the systems transmitting the Site or Blog to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

General

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site or Blog.

Use of the Site or Blog is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spectru360 as a result of this Agreement or use of the Site or Blog.

Spectrum360’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Spectrum360’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Blog or information provided to or gathered by Spectrum360’s with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

Unless otherwise specified herein or agreed to by the user, this Agreement constitutes the entire agreement between the user and Spectrum360 with respect to the Site or Blog and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Spectrum360 with respect to the Site or Blog. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright And Trademark Notices

All contents of the Site are: Copyright 2016 Spectrum360. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

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