Terms of Service

Last Updated: May 20, 2008

Welcome to New Technology Foundation ("NTF"), a premier provider of groundbreaking 21st century educational services. NTF's mission is to support, refine, and build on New Technology High School - a national model of project based learning in a technology rich environment.

We provide this website Terms of Service ("Terms of Service") because it is important for you to understand the rights you have and the rights we have in providing this platform for enhancing the educational opportunities for youth in Napa County, California, and the United States.

ACCEPTANCE OF TERMS OF SERVICE  

By accessing, browsing, or otherwise using the http://www.newtechfoundation.org, http://portal.nthls.com, https://share.nthls.com, http://portal.nthls.com, or http://gradeportal.nthls.com websites (referred to collectively as the "Site" or the "Service") you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.

If you are an NTF partner school or school district ("Network Schools"), or a student, teacher, staff member, or other affiliate of a Network School (collectively referred to as "School Members"), your use of the Service is governed by the Strategic Alliance Agreement ("SAA") provided to your individual institution. Please see your school administrator for more information regarding your SAA.  

DESCRIPTION OF THE SERVICE

General Description. The Service is a collection of websites and portals that allows NTF, Network Schools, and School Members to share their ideas and interests with the NTF community.  

Adults Only. The Service is intended for adults only. Unless you are a School Member, you must be 18 years or older to access, browse, or otherwise use the Service. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), NTF will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Statement, available at http://www.newtechfoundation.org/about_privacy%20statement.html for more information including how to notify us of any concerns in this regard. If you are a Network School or School Member, please see your school administrator for more information about the Privacy Statement.

Right to Modify Service. NTF reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by NTF, a Network School, or a School Member) for any reason, without prior notice or liability.

Changes to these Terms of Service. NTF reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website, http://www.newtechfoundation.org/about_terms.html. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the Site. If we make changes, we will post them and will indicate the Terms of Service effective date. Your continued use of the Service indicates your acceptance of the current Terms of Service.

YOUR CONDUCT

Conditions of Use. As a condition of use, you agree to all of the following:

•  You agree not to attempt to gain unauthorized access to the Service.
•  You agree not to attempt to impersonate any user of the Service for any reason.
•  You must not harass, threaten, or intimidate other users of the Service.
•  You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service.
•  You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
•  You acknowledge that the Service is for personal use only. You agree that you will not use the Service for any commercial purposes.
•  You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
•  You must not transmit any worms or viruses or any code of a destructive nature.
•  You must not use the Service for any illegal or unauthorized purpose (including but not limited to violation of intellectual property laws.) If you are an international member, you agree to comply with all local laws regarding online conduct and acceptable Content.

For conditions governing use by a Network School or School Member: please refer to your SAA, or see your school administrator for more information about these conditions of use.

NEW TECHNOLOGY FOUNDATION'S LICENSE

Unless otherwise noted on this site, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content, contained on the Service is owned, controlled, or licensed by or to NTF, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.  

Except as expressly provided, no part of the Service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without NTF's express prior written consent.  

CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE

The Service permits you to share your own Content by uploading your Content to the Service. Only Network Schools and School Members can submit Content for inclusion. The terms and conditions of those inclusions, including the licensing of certain of your rights to your original Content, are governed by your individual Network School's SAA. Please see your SAA, or contact your school administrator for more information about Content ownership and licensing.

COPYRIGHT POLICY

We respect the intellectual property rights of others, and we ask that our Network Schools, School Members, and Site visitors do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. If you have information concerning a potential copyright violation occurring at this site you can contact your school administrator, contact us electronically at webmaster@newtechfoundation.org , or write us at:

Attention: Webmaster
New Technology Foundation
1040 Main Street
Suite 302
Napa, CA 94559

PRIVACY STATEMENT

NTF takes the privacy of its members very seriously. Our Privacy Statement is available at http://www.newtechfoundation.org/about_privacy%20statement.html .

INDEMNITY

By accepting the Terms of Service, you agree to indemnify and hold NTF and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, and/or your violation of any rights of another.

WARRANTY DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY NTF SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NTF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. NTF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. NTF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NTF WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

YOU AGREE THAT NTF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TERMINATION

If you are a School Member, for information concerning the termination of your account, please see your school administrator. All relevant terms of these Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.  

  MISCELLANEOUS

Entire Agreement. These Terms of Service constitute the entire agreement between you and NTF and governs your use of the Service, superseding any prior agreements between you and NTF. If you are a Network School or a School Member, your use of the Site is governed solely by the terms and conditions of the your institution's SAA. For more information regarding this agreement, please see your school administrator.

Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Dispute Resolution. Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Terms of Service may be commenced until the matter has been submitted to a mutually agreed upon dispute resolution service for mediation. The parties agree that any such mediation shall take place in San Francisco or Napa, California, USA. Either party may commence mediation by providing to the dispute resolution service and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with the dispute resolution service and with one another in selecting a mediator from a dispute resolution service panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any dispute resolution service employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered .

Waiver and Severability. The failure of NTF to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Notices. NTF may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email and/or by postings on the Site (for example, by posting to the relevant page(s) of the Site affected by such changes).