Effective Date: July 16, 2015
Welcome to Teacher2Teacher.education!
Your use of this site constitutes your agreement to these terms, including the Privacy Statement, as may be amended from time to time. Please do not use the site or provide personal information or content if you do not agree to the terms or if your jurisdiction will not honor them.
Table of contents
- The Site
- Registration and Creating Profiles etc.; Attribution of Electronic Acts to You
- Site Activities
- Privacy and Information Security, INCLUDING CONSENT TO INTERNATIONAL DATA TRANSFERS & DISCLOSURE
- Infringement of Content
- NO WARRANTIES, CONDITIONS OR OTHER DUTIES
- NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
- EXCLUSIVE REMEDY; DAMAGE LIMITATION
- Linked Sites
- GOVERNING LAW AND EXCLUSIVE JURISDICTION
- Legal & Other Notices & Disclosures
- Termination or Cancellation; No Continuing Rights
- Entire Agreement; Miscellaneous
- Electronic Transactions
- Additional or Required Notices
Teacher2Teacher.education is a site (“Site”) developed by the Bill & Melinda Gates Foundation, a charitable trust existing under the laws of the State of Washington. U.S.A. These Terms are an agreement between us and you and govern your use of the Site and all information on or submitted through it.
Persons under 18 years of age are not authorized to use the Site.
1. The Site
This Site is controlled by us from our offices within the United States of A`merica. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or the Terms.
2. Registration and Creating Profiles; Attribution of Electronic Acts to You
For some areas of the Site, you may have to complete a registration process. Completion of the process will create an account with a user name and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or we have reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, we may suspend or terminate your access to the site.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, content, and services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.
3. Site Activities
The Site is provided as is and when available, and we may change all content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we may correct, change, withdraw or change content available on the Site.
4. Privacy Statement, INCLUDING CONSENT TO INTERNATIONAL DATA TRANSFERS & DISCLOSURE.
Our Privacy Statement is part of these Terms and is incorporated herein. DO NOT PROVIDE, OR ALLOW OTHERS TO PROVIDE, PERSONAL INFORMATION ABOUT ANYONE UNLESS YOU, ON YOUR OWN BEHALF AND ON BEHALF OF ANYONE WHOSE INFORMATION YOU PROVIDE: (A) HAVE REVIEWED AND AGREE WITH THE PRIVACY STATEMENT, AND (B) ARE AUTHORIZED TO, AND DO, CONSENT TO HAVE ALL DATA USED AND TRANSFERRED INTERNATIONALLY.
5. Infringement of Our Rights or the Rights of Others; Your Warranty.
Our Site, including the content, is protected by intellectual property laws and you agree to respect them. See the “Additional or Required Notices” section of these Terms for more information about our trademarks and copyrights. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been infringed, may provide a notice to our copyright agent—see the Additional or Required Notices section of thee Terms. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
You agree to indemnify, defend and hold harmless us and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the content, use of the Site or related sites, any assistance or services provided by us or Third Parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.
8. NO WARRANTIES, CONDITIONS OR OTHER DUTIES.
THE SITE AND ALL CONTENT (regardless of who generates it), SITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY SITE, US OR THIRD PARTIES ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
9. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES.
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER US NOR ANY OF THE THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE SITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY STATEMENT), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.
10. EXCLUSIVE REMEDY; DAMAGE LIMITATION.
11. Linked Sites.
Our Links to Other Sites: Our Site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).
Your Links to Our Site: You are not permitted to link or shortcut to our Site from your Web site, blog or similar application, without obtaining prior written permission from us.
Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.
13. GOVERNING LAW AND EXCLUSIVE JURISDICTION.
These Terms and your use of the Site are governed by the laws of the State of Washington, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, “Mandate”) to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in King County, Washington, U.S.A. except to the extent you are prohibited from doing so by a Mandate.
14. Legal and Other Notices or Disclosures. Notice to You.
You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Site.
Notice to Us (Our Legal Notices Address): We receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us notice by mailing it to the following (“Our Legal Notice Address”):
15. Termination or Cancellation; No Continuing Rights.
You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel this agreement with or without cause and at any time and without prior notice. We may give notice of termination or cancellation in the same way that we may provide other notices.
Termination or cancellation will not eliminate the surviving provisions of these Terms (see “Entire Agreement; Miscellaneous”) and you will still be liable for obligations incurred before the agreement or access ended.
16. Entire Agreement; Miscellaneous.
These Terms, including the Privacy Statement, Amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or content; and (c) our disclosures and your consents provided on or in connection with the Site or any content, service or other activity; constitute the entire agreement between you and us regarding the Site or the subject matter of the foregoing (collectively, “Entire Agreement”). If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into such as an agreement for a grant.
Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. The terms of this Section 16, Sections 3 and 4, 6 through 10, and 13 through 16, and our rights under the Privacy Statement will survive termination or cancellation of this Agreement. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.
17. Electronic Transactions.
We and each of the Third Parties may deal with you electronically now and in the future in their respective discretion during the entire course of activities pursued with you (e.g., applying for, obtaining, implementing, terminating and enforcing a grant or anything else), including but not limited to having you electronically sign documents and receive electronic notices. We and each of the Third Parties also reserves the right to deal non-electronically and to require you to do so.
18. Additional or Required Notices.
Various laws require or allow us to give users certain notices and each of them is incorporated into these Terms. Users may review the notices by clicking on their link:
- Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the U.S. CAN SPAM Act of 2003).
- Notice Re Trademarks (this provides notice regarding who owns the trademarks used on our Site and cautions against infringement).
- Notice Re Copyright Ownership (this provides notice regarding who owns the copyrights in the Site and its contents and cautions against infringement).
- Notice of Copyright Agent (this provides contact and other information regarding the Site’s copyright agent who may be notified of claimed infringement).
- Notice of Availability of Filtering Software (this provides a notice under the U.S. Communications Decency Act).
Notice: No Harvesting or Dictionary Attacks Allowed.
The Foundation will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate Foundation personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Notice Regarding Copyright ownership:
Copyright 2015, Bill and Melinda Gates Foundation and/or its affiliates and suppliers. All rights reserved.
All Services provided on the Site and any services or content provided on any related site owned, operated, licensed or controlled by the Foundation or any of its units or affiliated entities (collectively, “Group”), are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by the Foundation or others in the Group or their licensors (which may include you). Except for Available content or content that you own, no content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior non-electronic consent of the Foundation or its designee. Modification or use of the Available content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with the Foundation or others in the Group.
Notice Regarding Trademarks.
The trademarks used in the Site are owned by (1) the Foundation or (2) their respective trademark owners, and are either trademarks or registered trademarks of the Foundation. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Site or in any content. All rights are reserved.
Notice Regarding Copyright Agent.
The Foundation respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for the Site containing the following:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Foundation to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices should be sent in the following manner to:
Teacher 2 Teacher
Notice of Availability of Filtering Software.
We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.