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Terms of Service:	EDSHARE USER AGREEMENT The User Agreement of www.edshare.org, a website (the "Site") owned and operated by EdShare, Inc. ("EdShare"), sets forth the conditions and terms under which users may access and use our tools, resources and information related to educational curriculum building ("Services"). To become an EdShare user ("User"), you must read and accept all of the conditions and terms set forth in this User Agreement and the separate Privacy Policy. If you do not agree to be bound by the conditions and terms of this User Agreement, you may not use or access the EdShare Services offered by this Site. EdShare reserves the right to refuse Service without prior notice to any User for any or no reason. This User Agreement may be modified at any time by EdShare or any party designated by EdShare without prior notice, by amending the terms contained within the User Agreement. Such modifications will become effective immediately upon their posting to this page. It is your obligation to review this Agreement on a regular basis to inform yourself of any changes that may have been made to the User Agreement. Your continued use of any of the EdShare Services denotes your acceptance of any such modified terms. Description of Services EdShare provides services, including, but not limited to, a forum for educators to view, save, open, upload and download curriculum, lessons and other education-related information as well as post education-related job postings. Such information may be saved and downloaded in a variety of file formats, including, video, pdf, and Office Suite documents. Through our Services, registered Users will also be able to send and receive messages from other Users, save lessons and submit job postings. EdShare reserves the right to alter the Service provided at any time without notice. Membership Eligibility The EdShare Service is not available to persons under the age of 18 or to any Users that may have been suspended or removed by EdShare for any reason. User Responsibilities As a User of EdShare Services, you are accountable for maintaining the accuracy and confidentiality of your password and account. As a User of EdShare Services, you agree that you are fully responsible for all activities that occur under your password or account with or without your knowledge, and any misuse of your account in violation of this Agreement or the Privacy Policy that may result from the termination of your account. You further agree that all postings, messages, text, files, images, video or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the account owner from whom such Content originated. In the event of any misuse or fraud related to your password or account, you must notify EdShare immediately. As a User of EdShare Services, you agree that information and material provided by third parties, including other Users, cannot be verified by EdShare and EdShare is not in any way responsible for the Content made available by such third parties and not originated by EdShare or its authorized agents. EdShare does not guarantee the accuracy of such information and material in any way. EdShare reserves the right to monitor User activity in order to ensure the accuracy of such information and material, but is not obligated to do so. As a User of EdShare Services, you will not modify or otherwise alter the content created by EdShare or the Content posted by other Users on the EdShare Site or reverse-engineer the Site code. The use of any automated or manual devices or software or other processes to "crawl" or "spider" any web pages contained in our Site is strictly prohibited. Notwithstanding the License Section below, you agree not to copy or monitor, or allow others to copy or monitor, the source-code of the Site or content generated by EdShare. Furthermore, you agree not to take any action that interferes with the proper working of the Site, including, but not limited to, attempting to gain unauthorized access, placing an unreasonable burden on our infrastructure, unsolicited communications, or the activation or transmission of computer viruses. As a User of EdShare Services, you will not use the EdShare Services to harass or stalk another User. As a User of EdShare Services, you agree not to post, email or otherwise make available Content: - that is unauthorized or unsolicited advertising, including "junk e-mail," "spam," or other unsolicited promotional materials; - that infringes upon the intellectual property or otherwise proprietary rights of another, including, but not limited to, copyrights, patents, trademarks or trade secrets; and - that is false, deceptive or misleading or otherwise falsely associates yourself with any business or organization for which you are not an agent. As a User of EdShare Services, you acknowledge and agree that: - you will provide accurate and complete Content to the Site; - you are willing to allow others to view, download and otherwise use your posted Content; and - you will not attempt to promote or advertise anything other than your education-related Content. As a User of EdShare Services, you agree that you are authorized to publish your Content on our Site. Publication is an automatic process and EdShare does not and cannot review every published item of Content and description. User Conduct As a User of EdShare Services, you agree not to use the EdShare Services in the following ways: 1) to communicate in any abusive, defamatory, harmful, hateful, invasive of another's privacy, libelous, obscene, racist, sexist, threatening, tortious, unlawful, vulgar, or otherwise objectionable, 2) for any illegal purpose, 3) to misrepresent your qualifications, associations or identity, 4) to disclose, communicate or distribute content or information that you do not have the right to disclose, communicate or distribute, in any way, including in ways that infringe on the copyright, trademark, patent, trade secret or other proprietary rights of others, or 5) collect e-mail or user information for the purposes of sending unauthorized or unsolicited material to users. Dealings with Third Parties Your correspondence or business dealings with, participation in promotions of, or purchase of goods and services from our advertisers, partners or sponsors found on or through the Services offered on our Site, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). You agree that EdShare will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers, partners or sponsors on or through the Services. Membership Services Membership to EdShare is free. Membership provides you access to certain tools and features of the website, including the ability to create a personal profile to share with your colleagues, courses and units within courses, lesson plans as well as message other Users and save lessons to your favorites. Users may remove information from their profiles at any time through their personal Account Homepage. Subject to the exceptions below (See "Proprietary Rights"), you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of our Site or the Services contained therein. Third Party Content & Monitoring EdShare is a distributor of Content supplied by Users of our Services. We do not publish Content created by employees, members or affiliates of EdShare, but merely provide an educational tool from which teachers can learn and grow. We have no editorial control over Content posted on our Site. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by Users are those of the respective authors or publishers of that information and not of EdShare. We have the right, but not the obligation, to monitor and review the Content and your account to determine compliance with this User Agreement and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation), in our sole discretion, to remove any Content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates this User Agreement, which we believe may create liability for us, or that we deem otherwise objectionable. Communication by EdShare EdShare may from time to time communicate with you and other Users via email and other methods of communication for the purposes of, but not limited to: 1) updating users as to new, deleted or modified features and capabilities of the Site, 2) requesting the verification of information directly related to your account, or 3) notifying users of any offers provided or approved by EdShare. Termination EdShare may at any time, with or without cause, terminate your account and remove and discard any remaining posted information you may have posted on our Site for any of the following reasons, including, but not limited to: 1) violations or breaches of this User Agreement, Privacy Policy or other EdShare agreements, 2) requests by the government, law enforcement or any other regulatory agencies, 3) a request by you to terminate your account to this email address: info@EdShare, 4) any technical difficulties, including, but not limited to, the distribution from your account, in any manner, of computer-related viruses, spyware or malware, and 5) your inactivity as determined by EdShare. These reasons for termination are examples only, and EdShare's right to terminate accounts shall not be limited to these reasons. As a User of EdShare Services, you agree that EdShare has complete authority to terminate accounts, and any such termination may result in the denial of further access to your account and any related benefits conferred to you as a consequence of membership. You agree that EdShare shall have no liability in the event that we terminate your account. Indemnification By accepting this User Agreement, you agree to indemnify and otherwise hold EdShare, and any of its affiliates, agents, directors, employees, officers, subsidiaries and other partners from and against any direct, indirect, incidental, special, consequential or exemplary damages resulting from: 1) your authorized or unauthorized use of your account and the EdShare Services and Site, including any Content you submit or transmit through the Services, 2) unauthorized access to or alteration of your communications with or through the EdShare Site, 3) any Content, viruses, links, advertisements, site malfunctions, miss-directions or any other events that may cause harm mentally, physically or to property, or 4) any other matter relating to the EdShare Services. Any business transactions arising between Users as a result of their use of EdShare are solely the responsibility of the Users involved. All content presented on this Site are for informational purposes only. The content presented is not a substitute for professional advice or formal academic training. EdShare does not recommend or endorse any specific opinions, professionals, products, tests or other information that may be mentioned in the Content of this Site. Warranties EdShare expressly disclaims any and all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Services are provided on an "as is" and "as available" basis. No further communications between you and EdShare will create additional warranties. Any use of this Site is done at the risk and discretion of the Users, and EdShare expressly disclaims any and all warranties related to any and all damage resulting from the use of this Site. EdShare makes no warranty that the EdShare Services will serve your needs and expectation, or will continue uninterrupted or error-free. EdShare does not assume any responsibility for the prompt delivery or retention of any User communication or User information or the accuracy of such user communication or User information. Any downloads or information obtained through the EdShare Services is done at your own discretion and is not the responsibility of EdShare. Damages to your computer system or loss of data as a result of such downloads or information obtained through the EdShare Services are the sole responsibility of the User. The website contains content provided by third parties as well as links to third party websites. EdShare does not guarantee the accuracy, integrity or quality of the content of this information or the sites of these third parties. We provide these links for your convenience. EdShare does not endorse such other site or contents contained in their sites. The content contained in the sites of third parties is governed by the User Agreement of those sites and we encourage you to consult their user agreements when dealing with third party websites. Licenses By using the EdShare Services, you hereby grant EdShare an irrevocable, non-exclusive, perpetual, royalty-free and unrestricted worldwide license to any and all information and material posted, uploaded or otherwise communicated by you, including, but not limited to, the right to edit, translate or otherwise modify such information and material in currently existing media or technology later developed. EdShare grants to its users a limited, revocable, non-exclusive license to access our Site and its Services under the terms and conditions specified in this User Agreement. Use of our Site and its Services beyond the scope granted to you by EdShare immediately terminates said permission or license. The Content uploaded by Users is copyrighted by the Users who have created them. By partaking in the EdShare Services, you agree to grant Users of EdShare's Site the right to a non-exclusive, perpetual, royalty-free, worldwide, license to exercise the following rights in all media and formats whether now known or hereafter devised with respect to the Content: 1) The Right to Reproduce the Content, so long as you cite the source from which you derived the Content, the content is not published on any other website or in any other form and do not derive direct commercial benefit from the Reproduction, incorporate the Content into Collections and Reproduce the work as incorporated into such Collections, so long as you cite the source from which you derived the Content and do not derive direct commercial benefit from the Reproduction; 2) The Right to Create and Reproduce Adaptations or Translations, so long as such Adaptations and Translations clearly identify the changes made to the original Content, cite the source from which the Content was derived, are not published on any other website or in any other form and you do not derive direct commercial benefit from the Reproduction; and 3) The Right to Distribute and Publicly Perform the Content and any Adaptations or Translations, including as incorporated in Collections, so long as you cite the source from which you derived the Content, the content is not published on any other website or in any other form and you do not derive direct commercial benefit from the Reproduction; Proprietary Rights This Site, including its Contents and Services, is protected to the maximum extent permitted by federal and international copyright laws. Except as listed below, the Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of EdShare. You may interact with or download a single copy of any portion of the Content for personal use. However, any reproduction, modification, copying or creation of derivative work in whole or in part outside the scope of personal use is prohibited without express written consent from EdShare or its authorized agents. You expressly agree to abide by all copyright notices displayed on our Site. You may not decompile or disassemble, reverse-engineer or otherwise attempt to discover any source-code contained in our Site. EdShare reserves any rights not expressly granted by this User Agreement. EdShare does not claim ownership of content posted by its Users. However, by posting Content, you represent and warrant that you have the right to do so and also have the right to grant the license aforementioned (See "Licenses"). The business names, logos, and other materials displayed on the Site and in connection with the Services constitute trademarks, trade names, service marks or logos ("Marks") of EdShare. All such Marks and the goodwill associated therewith remains with EdShare. Our proprietary rights to the Content and Services shall survive the expiration or earlier termination of this User Agreement. Intellectual Property Infringement & Unlawful Conduct To notify EdShare of infringing or unlawful content, please provide the Copyright Agent of EdShare with the following information: - Your name, address, telephone number and e-mail address; - A description of the exact location on the website of the infringing or unlawful content; - A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed; - In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them; - In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and - A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content. EdShare takes such notices very seriously. We will evaluate the provided notice and, if appropriate based on our sole discretion, remove the content or disable access to the content. Based on our judgment, we may notify the source of the Content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such Content, if the source of such Content provides evidence that the Content should not have been removed. We encourage you to seek the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user. EdShare's Copyright Agent may be notified of claims of intellectual property infringement through the contact information below ("General"), attention General Counsel of EdShare, Inc. Liability You expressly understand and agree that to the fullest extent permitted under applicable law, in no event will EdShare or its officers, employees, directors, shareholders, affiliates, or agents be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or in any way related to: - Use or inability to use the Services or procuring substitute services resulting from any transactions or information purchased or obtained through our Services; - The deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services; - Use of or reliance on any Content, goods or services available on any other Sites that you access through the Services; - The failure of Users to comply with this User Agreement or our discretionary termination as defined above; - Unauthorized access to your account or alteration of your transmissions or data; - Statements or conduct of any third party on or through the Services, conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable, or any infringement of another's rights, including intellectual property rights; - Errors, omissions, or inaccuracies in the content of the Site; - The approval or termination of any account or the denial or approval of access to the EdShare Services; and - Lost profits resulting from use of the EdShare Services. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These limitations on liability shall survive the expiration or earlier termination of this User Agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. Governing Law This User Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law principles. Severability If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. Arbitration Clause EdShare reserves the right to handle through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association any controversy or claim arising out of or relating to this User Agreement or the Site. Such a controversy or claim will be arbitrated individually and not consolidated in any claim or controversy of another party. Such arbitration will be conducted in Suffolk County, Massachusetts, and judgment and/or equitable remedies on the arbitration award or in anticipation of arbitration may be entered in any court of competent jurisdiction in Suffolk County, Massachusetts. General Information If you have questions or have witnessed any violations of this User Agreement, please contact us at: info@EdShare. EDSHARE.COM PRIVACY POLICY EdShare ("EdShare") is dedicated to safeguarding your privacy online. The following explains how your information will be treated as you make use of our Site and Services. By accessing the EdShare website (the "Site") and accepting the User Agreement (the "User Agreement"), you expressly consent to our collection, disclosure, storage and use of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective immediately. Membership Services Without setting up an account with EdShare, you will be able to browse through our lessons and other education-related information ("Content") and save such Content. By becoming a Member of our Site, you will also be able to create and post Content, send and receive messages from other Users, submit job postings, and create favorite User folders. Personal Information EdShare may collect and store some of your personal information upon your creation of an account with our Site, a password and a user ID. If you are merely browsing the articles, curriculum or works ("Content") posted on our Site, it is not necessary to create an account. If you choose to create an account, Personal Information that may be stored includes, but is not limited to: your name, IP-addresses, email addresses, user-chosen passwords, and/or demographic information, such as date of birth, zip code location, educational and employment information, and your special interests. This information is collected to better serve our Users by allowing teachers to better connect with each other. You may change your personal information at any time through the edit features on your account homepage. You understand that some personal information disclosed by you in your User profile may be available for viewing by other Users. EdShare has provided you with the means for protecting your information and identity, but it is up to you to determine what information other Users will see about you. However, we will not share your personal information with anyone, including registered and non-registered Users. Use of Information EdShare's primary purpose in collecting Personal Information is to provide you with an efficient, safe, smooth and customized experience. You agree that we may use your personal information to: - Provide the services and customer support you request; - Resolve disputes and troubleshoot problems; - Prevent potentially prohibited or illegal activities and enforce our User Agreement; - Customize, measure, and improve our services and the websites' content and layout; and - Allow Users to modify, save and update their account or content; We use return email addresses to answer the emails that we receive. From time to time, we may send you e-mails regarding our Services. If you wish to opt out of such mailings, you may edit your account information or contact us at support@EdShare.com. As a user of this Site, marketing materials, including, special offers and promotions, may be provided to you as part of user-generated content and through links from our Site. Such materials may take the form of advertisements on the Site, including links to third party sites. User information will not be sold to third parties or shared with competitors. If a User account is cancelled or terminated, their information will remain in our database and will be subject to any of the above uses. Data Security To ensure the correct use of information, maintain data accuracy and prevent unauthorized access, we have put in place appropriate physical, electronic, and organizational procedures to safeguard and secure the information we collect online. Cookies EdShare uses "cookies" (small files placed on your hard drive) on certain pages of our Site to help analyze web page flow, customize services, measure promotional effectiveness and promote trust and safety. You should know a few important items about cookies: - We offer certain features that are only available through the use of cookies; - We use cookies to help identify you, maintain your signed-in status and notify you of listing updates that may interest you; - Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session; - You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of the website; - You may encounter cookies from third parties on certain pages of the website that EdShare does not control. (For example, another user may place a "cookie" on his web page.). Third Party Websites Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information EdShare collects from you. If you disclose your information to others, such as third party websites that are not affiliated with EdShare, different rules may apply to their use or disclosure of your information. For example, by clicking on a third party advertisement and links embedded into user-generated content, a third party may receive information such as your IP address. Since EdShare does not control the privacy policies or conduct of third parties, you are subject to the privacy policies and user agreements of those third parties. It is your obligation to familiarize yourself with the privacy policies and user agreements of such other websites you use. General EdShare may amend this Privacy Policy at any time by posting the amended terms on the website. All amended terms automatically take effect. You can contact EdShare with questions or comments about this Privacy Policy by emailing: support@EdShare.com.
By clicking on 'I accept' below you are agreeing to the Terms of Service and the Privacy Policy above.