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Pennsylvania’s Promise for Children Website Terms of Use

Please read all of these terms and conditions carefully before using this web site.

Welcome to the Pennsylvania’s Promise for Children web site, which includes our Early Learning GPS (Guiding Parents Smoothly). This web site (the “Site”) is owned and provided by Berks County Intermediate Unit (or “us”) as a service to parents and families. Please feel free to browse this Site, but note that users of this Site (“you”) are subject to these terms and conditions (the “Terms”) and all applicable laws. BCIU may deny you access to this Site if you fail to comply with the Terms or applicable laws. All content on this Site may be changed, added, removed or updated at any time; however, BCIU and contributing third parties are under no obligation to do so.

1. Acceptance of Terms of Use and Amendments

Each time you use or access to this Site, you agree to be bound by these Terms, as they may be amended from time to time. If you disagree with these Terms, your exclusive remedy is to discontinue your use of this Site. In addition, if you are using a particular service on or through this Site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms. Please see our Privacy Policy, which is incorporated into these Terms by reference. In order to use this Site, you must be at least the age of thirteen or older and a U.S. resident.

2. Our Service, Ownership and Copyright

Our Site and its services and information are provided to you on an “AS IS” basis. You agree that we exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. The information on this Site may be provided by BCIU or third parties. BCIU will not be responsible or liable for any inaccuracies. If you believe inaccurate information is contained on this Site, please contact us.

The trademarks, trade names and logos displayed on this Site are the property of BCIU. BCIU owns the copyright in the overall concept, structure, coordination, arrangement and enhancement of this Site. The Site’s entire contents including, but not limited to, text, software, photos, video, graphics, audio, images or files incorporated in or generated by the software and data accompanying the software (collectively “Materials”) which are derived in whole or in part from information and materials supplied by BCIU or third parties, are protected by copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws. Materials may not be modified, copied, reproduced, republished, modified, uploaded, posted, scraped, framed, mirrored, transmitted or distributed in any way or decompiled, reverse engineered or disassembled without the owner’s permission. You may use this Site for your personal, non-commercial use only. No right, title or interest in or to the Site or any content is transferred to you, and all rights not expressly granted are reserved by BCIU. Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

3. Data Collection

This section is intended to provide a general overview of this Site’s data collection practices. More detailed information on this subject matter can be found in this Site’s Privacy Policy. You are not required to contribute any personally identifying information to use this Site. If you want to receive emails or newsletters from BCIU, you will need to provide us with some personally identifying information including your name and email address. We may also gather and store non-personally identifying general use information from this Site. Such information may include (but is not limited to) Internet Protocol addresses , the type and version of your operating system and web browser, information about an internet service provider, referring pages, date and time stamp, your responses to surveys, quizzes or questions, any pages you may bookmark, time spent on each page of the Site and clickstream data. We may collect, store and use such information for various purposes including Site research, administration of the Site, tracking users’ movements around the Site, gathering information about our users, measuring Site activity and developing ideas for improving the Site. We do not link this type of data to personally identifiable information. In the event you choose to use links that appear on our Site to visit other web sites, you are advised to read the privacy policies that appear on those sites.

4. Your Conduct

If you choose to register with the Site and create a user name and password, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name or password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You explicitly agree, in using this Site or any service provided, that you shall not:

(a) provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this Site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) collect or harvest any data about other users;

(d) provide or use this Site and any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

(e) provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law including, but not limited to, laws relating to copyright, trademark, patent, or trade secrets.

5. Submission of Content to this Site

If you are interested in posting or contributing to this Site, please only post information that you are comfortable sharing publicly and do not disclose any information that you consider to be confidential or proprietary. You are not permitted to restrict or inhibit any other user from using or enjoying this Site.

By providing any content to our Site:

(a) You agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 5;

(c) you agree that all of your content will comply with these Terms;

(d) you agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any content you provide at any time and for any reason, with or without notice.

We are not responsible or liable for the content or accuracy of any content posted by you or any other user to the Site. We cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS BCIU FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BCIU DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BCIU OR LAW ENFORCEMENT AUTHORITIES.

6. Linking to our Site

Subject to the restrictions below, organizations and individuals are encouraged to refer others to the Site and link to the Site from other websites and social media.

You may link to our Site’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. This Site may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Site; send e-mails or other communications with certain content, or links to certain content, on this Site; cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: establish a link from any website that is not owned by you; cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The Site from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

7. Third-Party Sites

As a convenience to you, we may provide links to web sites owned or operated by other entities and persons. If you use these web sites, you do so at your own risk. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING, AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR, ANY LINKED WEB SITES, YOUR USE OF SUCH SITES, OR THE COMPREHENSIVENESS OR ACCURACY OF INFORMATION OR MATERIALS APPEARING THEREON OR ANY PRODUCTS, PUBLICATIONS, SUBJECT MATTER OR SERVICES DESCRIBED THEREON. Furthermore, links do not imply that BCIU sponsors, endorses or is affiliated or associated with such sites, or that any linked web site is authorized to use any trademark, trade name, logo or copyright of BCIU.

8. Indemnification

You agree to indemnify and hold BCIU, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, licensors, partners, and co-branders harmless from any claims, demands, liabilities, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees), that may be made by any third party, that is due to or arising out of your conduct or connection with this Site or service, your provision of content, your violation of these Terms or any other violation of the rights of another person or party.

9. Disclaimer of Warranties

BCIU HAS CONFIDENCE IN THE ACCURACY OF THE INFORMATION PROVIDED BY BCIU ON THIS SITE AND IN THE QUALITY OF THE GENERAL SUGGESTIONS MADE BY BCIU ON THIS SITE. HOWEVER, THIS INFORMATION IS PROVIDED FOR YOUR CONVENIENCE ONLY AND YOU ARE REMINDED THAT EACH SITUATION IS UNIQUE AND THAT YOUR PARTICULAR CIRCUMSTANCES MIGHT REQUIRE ACTIONS OR RESPONSES MORE CAREFULLY TAILORED TO YOUR SITUATION. WE ADVISE THAT YOU SEEK COUNSEL FROM AN APPROPRIATE PROFESSIONAL.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BCIU, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BCIU.. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND ANY SERVICES, INFORMATION OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. IT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THIS SITE IS COMPATIBLE WITH ANY COMPUTER SYSTEMS OR BROWSERS. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY DATA, INFORMATION OR CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF, OR THE INABILITY TO USE, THE SITE OR RELATED SERVICES OR SUGGESTIONS, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE RELATED SERVICES, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE RELATED SERVICES.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

11. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in this Site, its content, the related services and any products or goods that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making this Site or its related services available to you and you will have no rights to make any commercial uses of our Site or the related services without our prior written consent.

12. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, kindly notify us immediately using the information below.

13. Applicable Law; Exclusive Jurisdiction

These Terms shall be governed by the laws of theCommonwealthofPennsylvaniawithout giving effect to any principles of conflict of laws. By using this Site, you agree to bring any claim or suit in, and submit to the exclusive jurisdiction of the Court of Common Pleas of Berks County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

The owner of the Website is based in the Commonwealth of Pennsylvania in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. General

In the event that these Terms conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and intact. The failure of either party to assert any right under these Terms shall not be considered a waiver of any that party’s right and that right will remain in full force and effect. We may assign our rights and obligations under these Terms and we shall be relieved of any further obligation if we take such action. These Terms constitute the entire agreement between BCIU and you with respect to your use of the Site.

15. How to Contact Us

Should you have any other questions or concerns about these Terms, please contact Kelly Swanson at kelswa@pakeys.org.

These Terms of Use are effective January 21, 2013.

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