Terms of Use

      1. Acceptance of Terms/Overview

        The Kingsbury Center at NWEA (“Kingsbury Center”) operates this Web site (“the Site”) for the education and personal edification of our visitors. Use of this Web site is conditioned on the User’s acceptance of all of these Terms of Use, including the NWEA Privacy Policy and disclaimers set forth below. Use of this Web site constitutes the user’s agreement to all the terms and conditions below.

        2. Editorial Policies and Disclaimer

        The Kingsbury Center at NWEA doesn't take organizational positions on legislation or key education controversies. While we do have a guiding set of principles about education policy and research, our goal is to be a truly independent source of information and analysis, not bound by conventional ideologies or commitments to predetermined issue slates. Informed by our values, we'll go where the evidence leads us.

        Postings on the Kingsbury Center at NWEA blog reflect the opinions of the individuals who post, not institutional positions of NWEA or the Kingsbury Center.

      2. Privacy Policy

        Cookies

        This website uses cookies to enhance your enjoyment of the website.  Cookies are small text files that are stored on your computer and sent to the website whenever you visit. You need to have cookies enabled to use the website effectively. No email addresses or any personal data are stored in these cookies.

        IP Address

        Your IP address is a number that is unique to your computer on your current ISP's network. Our site records this number so that we can enforce our terms and conditions should they be seriously violated e.g. where material posted breaks any applicable law. 

        Web Server Logs/Statistics

        Like most websites, we keep a running record of what pages are requested on our site. Our web server logs contain information about what pages are most popular, and how many pages are viewed in a given time period. www.kingsburycenter.org also makes use of the external web statistic service, Google Analytics.

      3. Comments

        The Kingsbury Center welcomes comments from Users.   Blogs are offered for personal, non-commercial use only. You shall not, without Kingsbury Center’s express written approval, distribute or otherwise publish via any of the communication channels any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

        As with all communication channels, the privilege to post comments is dependent on continued compliance with these Terms of Service.  The Kingsbury Center may revoke privileges or take any other measures deemed by Kingsbury Center to be appropriate, in its sole discretion, to enforce these Terms of Service if violations are brought to our attention. You agree that blog posts and comments are the property of the Kingsbury Center, and we reserve the right, in our sole discretion, to change, remove or replace any forum or discussion for any reason.

        In addition to any other rights or remedies available to it, The Kingsbury Center reserves the right to immediately suspend, terminate, access and investigate the user account of any user upon receipt of a subpoena or law enforcement request, or when The Kingsbury Center believes, in its sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM) or any harassing messages or Forum posts, or with any fraudulent, misleading, illegal or otherwise objectionable activities.

      4. Third Party Content

         
        The Kingsbury Center respects the intellectual property of others, and we ask our users to do the same. If you choose to add photos or links to media, such as videos or audio, to supplement your content The Kingsbury Center requires that you upload or transmit only content that does not infringe any trademark, copyright, or other intellectual or proprietary right of any party and include any copyright notices as attribution. By posting any content, you represent and warrant that you have the lawful right to distribute and reproduce such Content. The Kingsbury Center may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.  The Kingsbury Center will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.

      5. Indemnity

         
        You agree to defend, indemnify and hold harmless The Kingsbury Center, NWEA, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

        • Your use of and access to the Site;
        • Your violation of any term of these Terms of Service;
        • Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
        • Any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

      6. Limitation of Liability

        YOU EXPRESSLY UNDERSTAND AND AGREE THAT NWEA SHALL NOT BE LIABLE 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 (EVEN IF NWEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (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 SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE SITE. IN NO EVENT SHALL NWEA'S TOTAL LIABILITY TO MEMBERS OR PARTICIPANTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SPARK COMMUNITY SITE.

        You acknowledge and agree that NWEA and its respective affiliates, successors, assigns, employees, agents, directors, board or officers shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by NWEA. You acknowledge and agree that NWEA and its respective affiliates, successors, assigns, employees, agents, directors, boards or officers shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the Services provided by any other user of the Site or any third party licensors or suppliers of NWEA.

        SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.