PD Online™ ADDITIONAL TERMS OF USE
Welcome to PD Online™ (“Site”), an Interactive, On-Demand Professional Development Web-Based Platform for Educators (“Service”). The Site and Service (collectively, the “Site”) are operated by the Association for Supervision and Curriculum Development (“ASCD”). By accessing or using the Site, you, as the individual purchaser or an authorized employee or designee of the purchasing party (collectively, the "User") signify that you have read, understand and agree to be bound by the Terms of Use posted on ASCD’s Web Site, www.ascd.org (“Terms of Use”), along with the following additional terms relating specifically to this Site ("Additional Terms" or "Agreement"), and consent to the collection and use of information as described in ASCD’s Privacy Policy. In the event of a conflict, the following Additional Terms shall control with respect to their subject matter. To the extent that the Additional Terms and Terms of Use can be construed together they shall be. If you do not agree to abide by these or any future Additional Terms or Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Additional Terms and to review such changes. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT SUPPLEMENTAL INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS IN USE OF THIS PRODUCT. 2. Copyright All content on this Site and available through the Service, including designs, text, graphics, images, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of ASCD, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ASCD’s prior written permission, except that the foregoing does not apply to your own User Content (as defined in Paragraph 4 herein below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Additional Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of ASCD, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Additional Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to ASCD an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, edit (for grammar, clarity, accuracy factual information), copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that ASCD may retain archived copies of your User Content. ASCD does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. 3. Trademarks PD Online™ and other ASCD graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of ASCD in the U.S. and/or other countries. ASCD's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the ASCD. 4. Assignment You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on the Site, or transmit to or share with other users (collectively the "User Content"). You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to ASCD. 5. Use and Restrictions As a subscriber, the Site is available for your non-commercial use only. In addition to the Use and Restrictions contained in ASCD’s Terms of Use, you agree not to use the Service or the Site to: • Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; • Use or attempt to use another's account, service or system without authorization from ASCD. 7. Use: Members In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and user ID, including, without limitation, not sharing the password and identification that ASCD assigned to you at the time of purchase with non-subscribers, and making best efforts to prevent any third party non-subscribers from obtaining, sharing, distributing, or using your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to ASCD, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Failure to comply may result in ASCD revoking Your access to the Site without refund. 11. Links to Third Party Websites The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as text, images, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. 13. Warranties and Disclaimer The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons, resulting in occasional interruption, lost work, or slow-downs in service. ASCD assumes no responsibility or liability in any manner for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, or software on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.