Terms and Conditions of Use
(Effective as of January 9, 2015)
All materials contained on this 3LPlace website (the "Site") or available for download or purchase through this Site are provided by 3LPlace, Inc. ("3LPlace"), Tufts University, Jewish Family & Children's Services Boston, and various other organizations (collectively, the "Copyright Owners," "we" or "us") as a service to our visitors and users ("you" or "registrants"). The transition curriculum made available on the Site is referred to in these Terms and Conditions of Use (these "Terms and Conditions") as the "Transition Curriculum" and all other text, graphics, images, video, software and other material is referred to in these Terms and Conditions as "Site Content". The Transition Curriculum may be used only in accordance with these Terms and Conditions. "Mirroring" or making available any portion of this Site by another server is strictly prohibited by these Terms and Conditions.
By accepting these Terms and Conditions or by accessing or using the Transition Curriculum or Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions you may not use the Transition Curriculum or access the Site. Agreeing to these Terms and Conditions is a condition to using the Site and the Transition Curriculum.
The Copyright Owners reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time without further notice. You should periodically review these Terms and Conditions to read the current version so you are aware of any revision to which you are bound. If we make any revisions, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site or the Transition Curriculum after any such changes or modifications and following the applicable notice period constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site or Transition Curriculum.
Use of Site Content and Transition Curriculum:
The Site Content, including without limitation the Transition Curriculum, provided on this Site are copyrighted works. You may not use the Site Content or the Transition Curriculum for any commercial purposes without our express written authorization. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, the Transition Curriculum, any portion thereof, any Site Content, any other portion of the Site, use of the Site, or access to the Site unless otherwise expressly authorized herein or in writing by us. Unauthorized use of these materials by you may violate copyright and/or other laws, in addition to violating these Terms and Conditions.
You may copy, modify and use the Transition Curriculum, or portions thereof, for purposes of educating, or developing a curriculum for the education of, an individual with autism or other developmental disability. You hereby (1) agree that you will deliver or otherwise provide copies of any modifications, changes or improvements to the Transition Curriculum (the "Improvements") to the Copyright Owners and (2) grant to the Copyright Owners a nonexclusive, worldwide, sublicensable (directly and indirectly through multiple tiers), paid-up, royalty-free, perpetual, irrevocable license to reproduce, display, modify and create derivative works of, distribute, perform, or otherwise use any and all Improvements, in whole or in part.
Ownership of Materials:
All materials presented on this Site are protected by U.S. and worldwide copyright laws and treaty provisions. These materials may not be used other than as expressly authorized in these Terms and Conditions without the Copyright Owners' prior written permission. Such permission may be granted to certain individuals, organizations, businesses, or institutions in the Copyright Owners' sole discretion through written contract by facsimile or electronic mail. Except as expressly provided herein, the Copyright Owners do not grant any express or implied right to you under any copyrights, trademarks or trade secret information. Other rights may be granted to you by the Copyright Owners in writing.
Disclaimer: YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE MATERIALS AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE COPYRIGHT OWNERS OR ANY OF THEIR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS PRESENTED ON THIS SITE, EVEN IF THE COPYRIGHT OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COPYRIGHT OWNERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT THAT YOU HAVE PAID 3LPLACE IN THE LAST TWELVE (12) MONTHS.
User Content: With respect to any content or other materials you upload to or through the Site, share with other users or recipients or otherwise provide to us, including any feedback or evaluation of the Transition Curriculum (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading, sharing or otherwise providing any User Content, you hereby assign to us all right, title and interest in and to such User Content (other than Improvements) and all associated copyright and other intellectual property rights.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or Transition Curriculum provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Termination: You agree that the Copyright Owners, in our sole discretion, may suspend or terminate your use of the Site or Transition Curriculum and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if the Copyright Owners believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site or Transition Curriculum may be referred to appropriate law enforcement authorities. The Copyright Owners may also in our sole discretion and at any time discontinue providing the Site or Transition Curriculum, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Transition Curriculum under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that the Copyright Owners may immediately delete any User Content and all related information and files and/or bar any further access to such files or the Site or Transition Curriculum. Further, you agree that the Copyright Owners will not be liable to you or any third party for any termination of your access to the Site or Transition Curriculum.
Indemnity: You will indemnify and defend 3LPlace, each other Copyright Owner and our officers, directors, employees, permitted successors, agents and representatives (each, a "3LPlace Indemnified Party"), and hold 3LPlace Indemnified Parties harmless from, any claim, demand, action, suit or proceeding brought against any 3LPlace Indemnified Party by any third party that arise out of or are related to the use of the Transition Curriculum, or any part thereof, or provision of any services related to the Transition Services (each, a "Product Claim"), and you will pay all damages, costs and expenses (including reasonable costs and expenses of attorneys, professionals and accountants) finally awarded against any and all 3LPlace Indemnified Parties by a court of competent jurisdiction as a result of any such Product Claim or payable by any and all 3LPlace Indemnified Parties pursuant to a settlement agreement in settlement of such Product Claim. This section will not apply to third party claims that the Transition Curriculum infringes any third party intellectual property rights.
Site Updates: The Copyright Owners do not warrant the accuracy or completeness of the information and graphics, or links to other websites or any other items contained within this Site. The Copyright Owners make no commitment to update the materials on this Site.
Links to Other Websites: Other websites linked from this Site are not under the control of the Copyright Owners, and the Copyright Owners disclaim any responsibility for the content of any linked website or any link contained in a linked website. The Copyright Owners reserve the right to terminate any link or linking program at any time. The Copyright Owners do not endorse other organizations, companies, products, or websites to which this Site links and reserve the right to note as such on any page of this Site. Should you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.
The Site may include a link that will direct you to a third-party print-on-demand vendor from which you may purchase copies of the Transition Curriculum. These Terms and Conditions apply to any and all copies of the Transition Curriculum purchased through the print-on-demand vendor.
Your Registration: You may share contact information with the Site in order to receive further information about 3LPlace and how you can become involved. Sharing your contact information with the Site is free. If you choose to share contact information with the Site, you agree to provide true and accurate, information about yourself as prompted by the Site's contact form. If you are under 13 years of age, you are not authorized to use the Site, with or without sharing your contact information. In addition, if you are between the ages of 13 and 17 years old, you may use the Site only with the approval of your parent or guardian.
Data and Disclosure Policy: You acknowledge that we may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that user data or other content will be retained by the Site. If you provide us with your email address, we may send email correspondence to you and/or ask you to complete brief surveys with quantitative and qualitative questions about the Transition Curriculum. You may unsubscribe from our email list at any time. Any personal information (including your name or email address) you provide to us will not be sold to third parties.
Business Transfers: As we develop our business, we might buy or transfer assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your personal information may be part of the transferred assets.
Agents, Consultants and Related Third Parties: We sometimes hire other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we may provide them with your personal information that they need to perform their specific function.
Legal Requirements: We may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of the Copyright Owners, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
No Medical Advice: Information on this Site is provided for educational purposes only and is not intended as a substitute for advice provided by your physician or other healthcare professional. You should not use the information on this Site for diagnosing or treating a health or developmental problem; you should always speak with your physician or other health care or therapeutic professional before adopting any treatment for a health or developmental problem.
The Copyright Owners assume no responsibility for how this information is used. You should not use this information for diagnosing a health or developmental problem or disease but should always consult your own physician.
Use in Other Locations: This Site is hosted by 3LPlace, P.O. Box 441975, West Somerville, MA 02144-1975. The Copyright Owners make no representation that the materials presented in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site 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 materials contained on this Site in violation of United States export laws and regulations.
Dispute Resolution: At our or your election, all disputes, claims, or controversies arising out of or relating to the Terms and Conditions or the Site that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Boston, Massachusetts before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms and Conditions. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms and Conditions and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms and Conditions, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Any claim relating to the materials provided on this Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and the Copyright Owners agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Suffolk County, Massachusetts. The failure of the Copyright Owners to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 the other provisions of these Terms and Conditions remain in full force and effect. 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 Site, Transition Curriculum or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and Conditions and of any notice given in electronic form will 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. You may not assign this Terms and Conditions without the prior written consent of the Copyright Owners, but the Copyright Owners may assign or transfer this Terms and Conditions, in whole or in part, without restriction. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.
By accessing or using the Transition Curriculum or this Site, you agree to be bound by these Terms and Conditions.