Terms of Use

By using the foundationforimpactliteracyandlearning.org and lead4change.org Websites (the “Websites”), you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. If we make a material change to these terms, we will not enforce the material change retroactively (i.e., to use of the Website occurring before the change) unless we notify you by posting a prominent notice of the change on the home or landing page of the Website or otherwise notify you of the changes so you may elect whether to accept the changes by continuing to use the Website. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, regardless of whether you have reviewed them. Date of most recent modification of these terms of use appears at the bottom of this page. Your accessing the Website for the limited and exclusive purpose of reviewing these Terms of Service does not constitute your “use” of the Website or agreement to be bound by these Terms of Service unless you further access or use the Website.

General Information About FILL Websites

The Foundation for Impact on Literacy and Learning, Inc. (FILL) Websites housed within the foundationforimpactliteracyandlearning.org and lead4change.org domains are provided as a service to FILL members, and to all those interested in cross curricular educational resources and programs. Although Website staff endeavor to ensure that material presented at foundationforimpactliteracyandlearning.org and lead4change.org is correct and current, we do not guarantee that it is error free. Should you suspect that mistaken information appears on any FILL Website, please contact FILLprograms@outlook.com . Please note that FILL reserves the right to remove any content from its Websites, at any time. The Website staff welcomes corrections and suggestions for improvement of FILL Websites, which can be e-mailed to the FILLprograms@outlook.com or hello@lead4change.org.

Rights and Restrictions Relating to Site Content

Your Limited Right to Use Site Materials. The Website and all the materials available on the Website are the property of us or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Website is provided solely for your personal noncommercial use. You may not use the Website or the materials available on the Website in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Website. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non- commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Website, please contact us.

Our Right to Use Materials You Submit or Post. When you submit or post any material via the Website, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Website, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

Linking From FILL Websites

FILL Websites contain numerous links to other Websites, which are provided as a service in acknowledgment of the diverse needs of teachers and learners, and the diverse online resources available to the education community. We make every effort to keep such links current. If you find a broken link and are aware of the updated URL to resolve the problem, we invite you to contact us.

These terms and conditions apply only to the FILL Websites, and not to the sites of any other companies or organizations, including those to which the FILL Websites may link. We are not responsible for the availability of any other site to which the FILL Websites link. We do not endorse or take responsibility for the content, advertising, products, or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.

Links to other Websites are present in all areas of foundationforimpactliteracyandlearning.org and lead4change.org domains. Inclusion in these listings does not imply endorsement or recommendation of any site, program, or resource over any other. If you are interested in having your institution, program, or organization included on FILL Websites, please contact us.

Linking to FILL Websites

FILL encourages linking to its Websites, both to the homepage at foundationforimpactliteracyandlearning.org or “deep linking” to specific pages. No permission is required to establish such links, as long as they are simple text links that resolve to pages from our site in their own browser window. Links must also clearly indicate the Foundation for Impact on Literacy and Learning as the source of linked pages or content. However, you may not, without our prior written permission, frame or inline link any of the content of our Website, or incorporate into another website or other service, any of our material, content or intellectual property.

Should you be interested in displaying pages from a FILL Website within a framed Website, or wish to display FILL Website content “in line” on your own Website pages, please contact us at FILLprograms@outlook.com.

Note that FILL does on occasion change the structure of its Website, delete pages, and move pages to new URLs. If you link to our site, we recommend that you check periodically to ensure that your links remain active. We do not assume any responsibility in informing you of URL changes.

Copyright

Except where explicitly noted, the contents of the Websites, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models, and software (“Contents”), are the property of Foundation for Impact on Literacy and Learning and/or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries. You are welcome to reproduce material from FILL Websites for your own, personal, noncommercial use, so long as it contains all proprietary notices that appear on the document from which the reproduction is made. You may also reproduce brief sections in accordance with U.S. “fair use” guidelines.

Any other reproduction requires permission. You may not otherwise copy, store (either in hardcopy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to, or otherwise use the Contents in any manner inconsistent with the rights of FILL without the express written permission of FILL. Please note that this extends to e-mailing downloaded files to others. For information on FILL permission policies and directions about obtaining permission to reproduce FILL content (other than the Lead4Change lesson materials or Panasonic program materials in your classroom, school, or for your organization, contact FILLprograms@outlook.com.

Copyright Complaints

We respect the intellectual property rights of others, and require that the people who use FILL Websites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on this Website, please deliver the following information to our Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on our Website;

  • Your address, telephone number, and e-mail address so that we may contact you;

  • 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

  • A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The designated Copyright Agent to receive notification of claimed infringement under the United States Digital Millennium Copyright Act is Executive Director, Foundation for Impact on Literacy and Learning, Inc., PO Box 4144, Broadlands, Virginia 20148 or FILLprograms@outlook.com.

Trademarks

The FILL and Lead4Change logos, and other FILL logos and product and service names appearing on the Websites, are trademarks or service marks of FILL (“FILL Marks”) or of third parties. You agree not to display or use the FILL Marks or any of the third party marks appearing on the Websites, in any manner without FILL’s prior written permission.

Announcements from third parties. From time to time, FILL Websites feature announcements from third parties, including news of events, or information about services.

All such postings are reviewed by FILL staff for their appropriateness for FILL Websites’ primary audience of secondary education professionals. FILL reserves the right, at its sole discretion, to decline to post or to remove any third-party announcements or materials at any time. FILL does not endorse any third party nor the content of any announcement or other material provided by a third party.

Links to Other Websites

The websites include many links to third-party sites. You may access these sites directly or through the Websites. You may also be subject to the terms of use and privacy policies of these other websites. Links from the Websites to other websites are provided solely for your convenience. You understand that should you leave any Website via a link, the content of that third-party site is not provided or endorsed by FILL, and FILL has not reviewed or approved the terms of use or other policies governing such sites. FILL does not monitor, make any representation with respect to or assume any liability for any third- party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.

Disclaimers

THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER FILL NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN ANY FILL SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FILL OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER FILL NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, RELIABILITY, OR OTHERWISE. YOU (AND NOT FILL OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ON OCCASION WE OUTSOURCE DELIVERY OF SERVICES PROVIDED TO YOU TO THIRD PARTIES. IN THE EVENT WE DO THIS, WE MONITOR DELIVERY OF SERVICES. IN THE EVENT OF A DISPUTE REGARDING THOSE SERVICES, HOWEVER, YOUR SOLE REMEDY WILL BE AGAINST THE THIRD PARTY PROVIDER.

YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO US TO GRANT THE LICENSE CONTAINED IN THIS TERMS OF SERVICE AND TO PROVIDE YOU WITH ACCESS TO THE SITE AND SERVICES.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

You acknowledge that by using the Website, you may incur charges from your wireless carrier, internet service provider or other method of internet or data access, and that payment of any such charges will be your sole responsibility. You agree that your use of the Website will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet or data access. We do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL FILL OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE FILL WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FILL ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THIS WEBSITE, THE CONTENTS, THE PRIVACY & SECURITY POLICY OR THE TERMS OF USE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY FILL OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.

Indemnity

You agree to defend, indemnify, and hold harmless FILL, its successors, assigns, and licensees, together with any of their respective representatives, officers, directors, and employees, from all liabilities, claims, costs, and expenses, including attorneys’ fees, that arise out of or in connection with your use of FILL Websites; your posting to, downloading from, or transmission of all communications or material, including User Content, on the Websites; or from your violation of applicable law or these Terms of Use or any other terms and conditions contained on the Websites. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Governing Law

These terms will be governed by and construed in accordance with the laws of United States and the Commonwealth of Virginia, without regard to principles of conflict of laws. Any claim, action or proceeding related to these Terms of Use will be resolved exclusively in the state or federal courts located in the Commonwealth of Virginia, and you consent to the jurisdiction of those courts.

Injunctive Relief

In the event you breach or threaten breach of these terms of use, you acknowledge and agree that FILL will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, FILL may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, that, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether FILL will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating, or voiding FILL’s rights to relief in either law or equity.

Suspension and Termination of Access

You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.

Restrictions

The Website is intended for use only by residents of the United States over the age of 13. It may not comply with legal requirements of foreign countries. Other countries may have laws and regulatory requirements that differ from those in the U.S. By using this Site, you agree to the transfer and processing of any personal information you provide to the U.S. as set forth in the Privacy Notice under

the laws of the United States and the State of New York, rather than under the law of your home country.

Miscellaneous

If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. These terms of use are the entire agreement between you and FILL relating to the subject matter they contain. This agreement may be modified only by our posting of changes to these terms and conditions. Any inquiries concerning these terms and conditions of use should be directed to FILLprograms@outlook.com

You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Website. In the event of any conflict between any such third-party terms and conditions and these terms, these will govern.

This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these terms may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Website or these terms must be filed by you within one year after such claim or cause of action arose or be forever barred.

Lead4Change Challenge Terms

When you submit or post any material (including any PDF, documents, photos or videos) via the site, you grant the Lead4Change Challenge Sponsors and anyone authorized by them, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose.

The foregoing grant includes the right to use any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant them, and anyone authorized by them, the right to identify you as the author of any of your postings or submissions as deemed appropriate.

You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

These statements reflect FILL’s terms of use policies as of 4/14/2017. They may be updated at any time, and it is the Website visitor’s responsibility to review them periodically.