Last updated: August, 2021
Relation to Contract
If you are a party that has entered into any type of contract or service agreement with us, you remain bound by the terms of your contract. If the terms of your contract conflict with any of these Terms, the terms of your contract control.
Permissible Use of Content; Copyright
Any use of our Content not expressly permitted by these Terms or express permission for use of Content included on our Website is a breach of these Terms and may violate copyright, trademark and other laws.
Our Website is owned and operated by us. The visual interfaces, graphics, design, compilation, information, content, computer code (including source code and object code), products, services, and all other elements of our Website provided by us (the “Content”) are protected by United States copyright, patent, trade secret, trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and are subject to different licenses for use by you.
Unless specified otherwise as Open Educational Resource (OER) or owned by a third party, all Content contained on our Website (other than content that is linked to our Website) is our property or our third-party licensors’ property. Unless explicitly specified otherwise, our Content is available for your use under either the Creative Commons Attribution-Non-Commercial-No Derivatives license (https://creativecommons.org/licenses/by-nc-nd/3.0/) or the Creative Commons Attribution-Non-Commercial-ShareAlike license (https://creativecommons.org/licenses/by-nc-sa/4.0). So you will see one of the following copyright notices:
“(c) [date of publication] UnboundEd Learning, Inc. This work is licensed for use under a Creative Commons Attribution NonCommercial No Derivatives 3.0 International License”
“© [date of publication] UnboundEd Learning, Inc. This work is licensed for use under a Creative Commons Attribution NonCommercial ShareAlike 4.0 International License.”
Our Content may be used without fee for personal, private, and educational purposes only. For-profit reproduction or commercial use is prohibited. You must give appropriate attribution to UnboundEd Learning, Inc. as the copyright holder and provide a link to the CC-BY-NC- ND or CC-BY-BC-SA license. Permission to copy, use, and distribute materials and Content as described above shall not extend to information housed on UnboundEd.org that is credited to other sources, or to information on websites to which this site links.
If Content is identified on our Website as being Open Educational Resource (OER) it is freely available teaching and learning materials that you may freely use, reuse, download, edit, and share to better serve your students.
In some cases, materials on our site are licensed to us under a Creative Commons license and are noted as such. More information on Creative Commons’ licenses can be found here. You must follow all of the terms for the specific CC license in order to properly avail yourself of such material.
If Content is identified on our Website as being owned by a third party, we will clearly attribute the copyright owner in the materials. Unless stated otherwise, you will need written permission from the copyright owner to modify, display, re-use, or adapt their materials.
If you have any questions about your ability to use any Content, feel free to contact us at firstname.lastname@example.org and someone from our team will get back to you.
UnboundEd’s trademarks/servicemarks are listed below. You are not permitted to copy, alter, use or otherwise deal in our marks without our prior written consent:
- Justice Is Found in the Details of Teaching and Learning
- Standards Institute
- UnboundEd Lesson Planning Protocol
- Math Identity Leadership Accelerator
- System Leaders Academy
- Equity Influencer Residency
- Grade level, engaging, affirming, meaningful instruction
- The intersection of standards, equity, content and instruction
All other trademarks, service marks, and trade names referenced on our website are proprietary to third-parties.
Uploaded User Content
We are not responsible for any content that you or anyone besides UnboundEd posts to our Website. You are solely responsible for your User Content, if any. We do not endorse or approve any User Content and you may not and you may not state or imply that your User Content is in any way provided, sponsored or endorsed by UnboundEd. We respect the intellectual property rights of others. You must have the legal right to upload any User Content to the Websites. You may not upload or post any User Content to the Websites that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or right of publicity. You may upload only User Content that you are permitted to upload by the owner or by law. By submitting User Content to the site, you represent and warrant that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit such User Content. Because you alone are responsible for your User Content (and not UnboundEd), you may expose yourself to liability if, for example, your User Content violates the Rules of Conduct. We are not obligated to backup any User Content and you are solely responsible for creating backup copies of your User Content.
In addition, in keeping with our goal of providing content to the widest possible audience, we require that when necessary all submitted User Content be licensed in a way that it is freely reusable by anyone who cares to access it from our Website. By submitting User Content to our Website, you hereby grant to UnboundEd a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, transferable and non-terminable license to use, reproduce, reformat, distribute, prepare derivative works of, display, and publicly perform the User Content in connection with the Website and in UnboundEd's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the User Content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of our Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms of Service.
Removal of User Content
We reserve the right (but are not obligated) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content or other Content is in our sole and final discretion. To the maximum extent permitted by law, we do not assume any responsibility or liability for User Content. You are solely responsible for your User Content and may be held liable for User Content that you post to our site.
Standard of Conduct
We expect you to use our Website in a respectful and legal manner and in compliance with these Terms, which includes not doing things such as:
(a) transmitting or communicating material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or harmful to others in any way;
(b) impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(c) forging headers or otherwise manipulating identifiers in order to disguise the origin of any User Content;
(d) transmitting, accessing or communicating any content that you do not have a right to transmit or which infringes another person’s intellectual property rights;
(e) introducing any material that contains software viruses, trojan horses, worms, logic bombs or other material that is malicious and/or designed to interrupt, destroy content or be otherwise harmful;
(f) obtaining or accumulating personal information about individual users or collecting or storing personal data about other users;
(g) using the Website in a way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(h) using any robot, spider or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the Content on our Website;
(i) using any manual process to monitor or copy any of the Content on our Website or for any other unauthorized purpose without our prior written consent;
(j) using any device, software or routine that interferes with the proper working of our Website;
(k) attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
(l) attacking the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempting to interfere with the proper working of the Website;
(m) posting, uploading, or distributing marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the UnboundEd educational experience; or
(n) uploading any student work product or other materials that could be considered “education records” under the Family Educational Rights and Privacy Act (“FERPA”).
If we add social features to our Website, we expect you to interact with other users as respectful education professionals and to post only appropriate content. We may suspend or terminate your account for any reason, in our sole discretion, but we are particularly likely to do so if you behave unprofessionally, harass other users, make discriminatory comments or post content that is not appropriate for a K-12 educational setting. You also agree not to solicit, for commercial purposes, any users of the Website with respect to their User Content.
Automated Systems and Indexing
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the UnboundEd servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Further, you agree not to use or store data collected from our site, via automated spiders or any other method, to replicate services similar to those provided on our site. Notwithstanding the foregoing, UnboundEd grants the operators of search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials. UnboundEd reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website(e.g., comments, email) for any commercial solicitation purposes.
Digital Millennium Copyright Act Notice
UnboundEd respects authors’ and content holders’ rights. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notices to our DMCA Agent at:
Copyright Agent / DMCA
228 Park Ave South
New York, NY 10003
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, UnboundEd may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the UnboundEd’s sole discretion.
Links to other Websites
Our Website contains links to third-party websites or services that are not owned or controlled by UnboundEd. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which UnboundEd.org links, and that link to UnboundEd.org. We do not have any control over those websites and webpages, and are not responsible for their content or their use. By linking to a website or webpage, we do not represent or imply that we endorse such website, webpage or content. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of linked websites and webpages.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You May Link to Our Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you may not establish a link to our Website in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent. 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.
These Terms are governed and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website. Any dispute or claims related to the Website or these Terms brought by you or by us will be resolved by binding arbitration in New York, NY, in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered in any court which would have had jurisdiction but for this provision.
WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UNBOUNDED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UNBOUNDED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANYTHING RELATED TO THE SITE INCLUDING WITHOUT LIMITATION (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 OUR WEBSITE, (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 OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 WEBSITE. UNBOUNDED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UNBOUNDED 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.
YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS ARE FAIR AND REASONABLE.
Our Website is controlled and offered by UnboundEd from facilities in the United States of America. UnboundEd makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNBOUNDED, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER THAT MAY BE INCURRED BY YOU RESULTING FROM USE OF THE WEBSITE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THESE TERMS. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR REPUTATION, ANY OF LOSS OF DATA, COST TO PROCURE SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSS OR ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOUR AS A RESULT OF ANY CHANGES THAT WE MAY MAKE TO THE WEBSITE, ANY PERMANENT OR TEMPORARY CESSATION OF THE WEBSITE OR ANY FEATURES, THE DELETION OF OR FAILURE TO STORE ANY CONTENT OR USER CONTENT OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
YOU SPECIFICALLY ACKNOWLEDGE THAT UNBOUNDED SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH UNBOUNDED, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY OF OUR CONTENT IS TO STOP USING THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT UNBOUNDED, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE. IN NO CASE SHALL THE LIABILITY OF UNBOUNDED, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF UNBOUNDED, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY SUCH APPLICABLE LAW.
IF DAMAGES CANNOT BE FULLY DISCLAIMED UNDER APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL SUCH CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE LAST SIX MONTHS, AND (B) $100. YOU ALSO AGREE THAT THIS LIMITATION ALSO APPLIES TO ANY CLAIMS YOU HAVE AGAINST OUR PARTNERS OR LICENSORS (INCLUDING IN EACH CASE THEIR OFFICERS, EMPLOYEES AND AGENTS).
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless UnboundEd, its parent corporation (if any), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use or misuse of and access to the Website; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
Changes to Website and Terms of Service
We update our Website periodically. You agree that UnboundEd can make changes, additions, substitutions and reductions to the Website without notice to you and that we are not liable to you for any such changes. Additionally, we reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may also change the functionality or content of our Website, or stop offering the Website altogether, at any time and without notice to you.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
We may suspend or terminate your use of our Website at any time at our sole discretion. This is especially likely to occur if you violate these Terms or abuse the Website or other users.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of any such right or provision. Any waiver of any provision of these Terms will be effective only if in writing signed by us. If any part of these Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of UnboundEd and the remaining portions shall remain in full force and effect.
You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms.
If you have any questions about these Terms, please contact us at email@example.com.