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Last Updated and Effective: March 20, 2018

Ellevation Website Terms of Use

These Terms of Use apply only to the Ellevation website (https://ellevationeducation.com/). These Terms do not apply to the Ellevation platform for educators of English language learners. The Terms of Use for the Ellevation platform may be found at https://ellevationeducation.com/platform-legal-notices
 
Ellevation, Inc. (“Ellevation,” “we,” “us”) owns and operates the Ellevation website (“Website”). By accessing the Website, you agree to be bound by these Terms of Use. In addition, you represent that you are 18 years of age or older, are lawfully able to enter into contracts, and agree to be bound by these Terms of Use. 
 
If you do not have the necessary authority, or if you do not agree with these Terms of Use, then you may not use the Website. If you choose to continue to use or access the Website after having the opportunity to read these Terms, you recognize that Ellevation has provided valuable consideration by offering this Website free of charge.
Ellevation reserves the right to change these terms at any time. The “last updated” date indicates when the Terms were last revised. Your continued use of the Website constitutes your agreement to any updated terms.
 

Intellectual Property

You acknowledge that the Website, including all text, graphics, user interfaces, and all trademarks, service marks, and logos are owned by or licensed to Ellevation and are protected by copyright, trademark registrations, and other intellectual property rights, and that you have no rights to transfer or reproduce the Website, or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Website. This Agreement is not a sale and does not convey any rights of ownership in or related to the Website or Intellectual Property owned by Ellevation to you.
 

License

Ellevation grants you a personal, revocable, non-exclusive, non-transferable, limited permission to access the Website provided that you comply with these Terms of Use. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through the Website. You also warrant to Ellevation that you will not use the Website for any purpose that are unlawful, prohibited by any applicable regulation, or are otherwise inconsistent with these Terms of Use. You further warrant that you will not attempt or actually extract data contained in the Site to populate databases for internal or external use.
 

Restrictions

You grant us a non-exclusive, worldwide license to use the information, data, content, and other materials uploaded by you to the Website (the “Content”) solely for purposes of furnishing the Website to you and in accordance with our Privacy Policy. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section. Nothing contained in these Terms of Use will be construed as granting Ellevation any right, title, or interest in your Content. 
 
You will not (and will not allow any third party to): 
  1. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, intimidating, abusive, defamatory, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
  2. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
  3. Upload, post, email, or otherwise transmit any Content that you do not have the right to transmit under any law or under contractual or fiduciary relationships;
  4. Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. Upload, post, email, or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  6. Interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
  7. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
  8. Provide inaccurate information or impersonate another person or entity.

Privacy 

We are committed to maintaining your privacy, and maintain a Privacy Policy, which may be viewed at https://ellevationeducation.com/privacy-policy. All data you provide to us is subject to the terms maintained in the Privacy Policy, and acceptance of these Terms of Use constitutes consent to our collection and use of personal information as described in the Privacy Policy.
 

User Content

The Website may contain areas in which you may post reviews or make comments (collectively “Content”). By using these areas, you acknowledge and agree that the Content you provide may be available to other users. Ellevation is not liable for any statements, representations or comments provided by its users in any public forum. Although Ellevation has no obligation to screen, edit or monitor any of the comments posted to its Website, Ellevation reserves the right to remove, edit or refuse to post Content in its sole discretion. 
 
You may also provide us with suggestions, comments or other feedback (“Feedback“) with respect to our products and services. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind in connection with our business, including the enhancement of our products and the Website. 
 

Links

The Website may contain links to third party websites, including social networking websites. These links are provided for your convenience, and inclusion of links on the Website does not suggest an endorsement. We are not responsible for the contents or transmission of any linked site or for ensuring that the linked sites are error and virus free. Linked sites are subject to their own terms of use and privacy policies, and we encourage you to read them. 
 

Indemnification

To the extent permissible by law, you will defend and indemnify Ellevation and hold it and its affiliates, officers, directors, managers, employees, agents, vendors, merchants sponsors, providers, and licensors harmless from any and all claims, actions, demands, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising directly or indirectly from any or all of the following: (i) your use of the Services; (ii) any information you submit, post, or transmit through our Services; (iii) breach of any of your obligations, representations, or warranties in these Terms of Use; or (iv) your violation of any rights of another person.
 

DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, ELLEVATION AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. 
ELLEVATION ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITE, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE WEBSITE’S ACCESSIBILITY, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE WEBSITE, ANY CONDUCT BY OTHER USERS ON THE WEBSITE, OR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR SERVERS. 
 

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
 
CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
 

Notices

Any notices to you from the Owner regarding the Website or these Terms of Use will be posted on this Website or made by email or regular mail.
 

Electronic Communications

When you visit this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
 

Applicable Law; Jurisdiction and Venue

We control our Website from our offices within the United States. We make no representation that the Content on our Website is appropriate, legal or available for use in other locations. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our Website, the services provided through our Website or the Content shall be governed by the laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Boston, Massachusetts.
 

Bug Bounty

Ellevation does not currently offer any “bug bounty” program at this time for any reported computer, software, or network vulnerabilities. Any legitimate and valid reported security vulnerables will be greatly appreciated, but no compensation can be offered at this time.
 

Web Browser Support

Access to the Website requires the use of a web browser. Ellevation recommends the use of “modern” web browsers with release dates within the last 18 months for maximum performance and security. Additionally, Ellevation cannot be expected to support all browser extensions. Browser extension compatibility, even for supported browsers, is the responsibility of the client.
 

Severability

If any of the part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, they will be severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement.
 

Entire Agreement 

This Agreement, as may be amended from time-to-time by us, constitutes our entire agreement with regard to the Website. 
 

Waiver

Neither party will by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party will not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement.
 

Digital Millennium Copyright Act

Ellevation reserves the right to block or remove any material on the Website which allegedly infringes another person's copyright. If you believe that materials hosted by Ellevation infringe your copyright, you (or your agent) may send notice requesting that the materials be removed. Notice must be provided in writing and must include the following information:
  1. Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. Description of the copyrighted work that you claim has been infringed
  3. A copy or the location of the work you claim is infringing (e.g., URL) or enough detail that we may find it; 
  4. Your name, address, telephone number, and email address; 
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices should be sent to:
Ellevation, Inc.
P.O. Box 961870
Boston, MA 02196
Phone: 617-307-5755
Fax: 617-812-5686
 

Updates To These Terms

We may change these Terms of Use in the future. When we do, we will alert you by updating the “last updated” date at the top of these Terms of Use indicating when it was last revised. Changes will become effective when posted. If you do not agree to changes to these Terms of Use, you may not continue to use this Website.
 
If you have any questions about these Terms of Use, please email us at: info@ellevationeducation.com