{"id":79,"date":"2024-09-13T01:21:18","date_gmt":"2024-09-13T01:21:18","guid":{"rendered":"https:\/\/newteachercenter.org\/?page_id=79"},"modified":"2024-10-11T21:35:04","modified_gmt":"2024-10-11T21:35:04","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/newteachercenter.org\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"\n \n \n

Last Updated: July 30, 2022<\/em><\/p>\n

Welcome to New Teacher Center! These Terms of Service (the \u201cTerms<\/strong>\u201d) of New Teacher Center (\u201cwe<\/strong>\u201d, \u201cus<\/strong>\u201d, or \u201cNTC<\/strong>\u201d) apply to all: (i) schools, school districts, and related entities and organizations that sign up to use the Services (as defined below), including but not limited to teachers (\u201cTeachers<\/strong>\u201d), principals, coaches, and other school officials who access the Services on their behalf (each a \u201cSchool<\/strong>\u201d); (ii) visitors of our website (available at\u00a0https:\/\/newteachercenter.org\/<\/span><\/a>), and others who may use the Services (collectively, the \u201cUsers<\/strong>\u201d or \u201cyou<\/strong>\u201d). If you are a School, our Additional Terms of Use for Schools apply to you as well.<\/p>\n

By accessing or using the Services, checking the box marked \u201cI Agree\u201d (or something similar), or by otherwise affirmatively stating your desire to use the Service, you signify that you have read, understood, and agree to be bound by these Terms; otherwise you may not use the Service. You also understand and acknowledge that your personal information will be collected, used, shared, and otherwise processed in accordance with our Privacy Notice. Because our Services change relatively often, these Terms and our Privacy Notice may change too. If you are a School using the Service, we will notify you via email in advance of any material changes to the terms. Upon making changes, we will update the \u201cEffective Date\u201d found at the top of this page.<\/p>\n

Your continued use of the Services after any changes constitutes your acceptance of the new terms.<\/p>\n

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 3.H. (THE \u201cARBITRATION AGREEMENT\u201d) AND CLASS ACTION\/JURY TRIAL WAIVER PROVISION IN SECTION 3.I. (THE \u201cCLASS ACTION\/JURY TRIAL WAIVER\u201d) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 3.H., THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.<\/p>\n

This is a contract between you and NTC. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Services only if you can form a binding contract with NTC, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of these Terms. The Services are not available to any Users previously removed from the Services by NTC.<\/p>\n

SECTION 1. THE SERVICE<\/h3>\n

The \u201cServices\u201d means any online and\/or mobile services, website, software, and documentation provided by or made available by NTC or in connection with NTC\u2019s platforms, including the Kiano and LeadNet platforms (the \u201cNTC Learning Platforms\u201d). The Services provide information, data, resources, and advice, but you assume full risk and responsibility for your use of information obtained through the Services. You acknowledge that all of the information, data, resources, and content on the Services is provided \u201cas is\u201d for informational purposes only. Such information is not intended to be a substitute for your judgment. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Services or from NTC. The products and services we provide through the Services are not exclusive to you.<\/p>\n

A. DETAILS ABOUT THE NTC SERVICES<\/strong><\/p>\n

Your NTC account gives you access to our Services, but don\u2019t sign up on behalf of a School if you do not have the requisite authority to do so. Once you sign up, you are responsible for your account and any data associated with it.<\/p>\n

Your NTC account gives you access to the Services and functionality we make available at our discretion. We maintain different types of accounts for different types of Users. If you open a NTC account on behalf of a School, district, or organization (collectively \u201cOrganization<\/strong>\u201d), then (i) \u201cyou\u201d includes you and that Organization, and (ii) you represent and warrant that you are an authorized representative of the Organization with the authority to bind the entity to these Terms and that you agree to these Terms on the Organization\u2019s behalf. By connecting to NTC with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.<\/p>\n

Remember: you are responsible for any activity that occurs on your account, you may never use someone else\u2019s account without permission, and you must keep your account password secure. We recommend using \u201cstrong\u201d passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, and are not reused with any other service) with your account to avoid unauthorized use. Please let us know immediately if you think your account\u2019s security has been compromised so we can help; we are not liable for any losses of any kind caused by any unauthorized use of your account.<\/p>\n

B. USE OF THE SERVICES<\/strong><\/p>\n

You may control your profile and how you interact with the Services by changing the settings in your settings page. By providing your email address to us you consent to our using the email address to send you Services-related notices, including any required legal notices and other messages, such as additions or changes to the Services, and\/or notices of product offers. You may opt out or change your preferences in your settings page. You can always ask us to stop sending you certain marketing messages. Opting out of marketing communications will not opt you out of receiving important Services-related notices, including in relation to your use of the NTC Learning Platforms.<\/p>\n

C. RESTRICTED USES<\/strong><\/p>\n

Please don\u2019t do anything to harm our product or try to hack our Services. Specifically, by using the Services, you agree not to do any of these things: (i) copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated \u201cscraping\u201d; (ii) use any automated system, including but not limited to \u201crobots,\u201d \u201cspiders,\u201d \u201coffline readers,\u201d etc., to access the Services in a manner that sends more request messages to the NTC servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmit spam, chain letters, or other unsolicited email (including marketing messages and broadcasts); (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Services; (vii) collect or harvest any third-party personally identifiable information, including account names or Student Data (as defined below), from the Services; (viii) use the Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Services; (xi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypass the measures we use to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content. If you believe any of the above restrictions have not been followed, please email us at abuse@newteachercenter.org.<\/p>\n

We continually update our Services to offer the best possible product. While we plan to continue to offer and improve our Services, we may, without prior notice, change, cancel, create usage limits for, or permanently or temporarily stop offering or allowing you access to the Services generally (\u201cService Changes\u201d). While we\u2019ll try to give you advance notice of Service Changes that will adversely affect you, this might not be practical or possible and we retain the right to make Service Changes without notice and liability for any reason. If these Terms end you continue to be bound by it in any interactions you may have with the Services.<\/p>\n

You are fully responsible for your interactions with other Users, and we have no liability for your interactions with any other Users, or for any User\u2019s actions or inactions with respect to you.<\/p>\n

D. USER CONTRIBUTIONS<\/strong><\/p>\n

The Services may contain interactive features like personal messaging that allow Users to post, submit, publish, display, or transmit (collectively, \u201cShare\u201d) messages, content, videos, and other materials (\u201cUser Contributions\u201d) to Users or other persons content or materials on or through the Services. All User Contributions must comply with these Terms.<\/p>\n

By Sharing User Contributions through our Services, you agree to allow others to view, edit, share, and\/or interact with those User Contributions in accordance with your settings and these Terms. We have the right (but not the obligation) in our sole discretion to monitor and remove any User Contributions that are Shared via our Services. You hereby grant each User a non-exclusive license to access your User Contributions through our Services, and to use, reproduce, distribute, display and perform your User Contributions, which you make available to such User through our Services. You further grant, and represent and warrant that you have all rights necessary to grant, to us an irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, distribute and display your User Contributions: (i) to maintain and provide our Services; (ii) other User Contributions submitted as personal messaging, to improve our products and services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends; and (iii) to perform such other actions as described in the NTC Privacy Notice or as authorized by you in connection with your use of our Services.<\/p>\n

You represent and warrant that you own or control all rights in and to the User Contributions, have the right to grant the licenses granted above, and all of your User Contributions do and will comply with these Terms.<\/p>\n

You understand and acknowledge that you are responsible for any User Contributions you Share, and you, and not NTC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User.<\/p>\n

We have the right to:<\/p>\n