Terms and conditions
By using this WITsi®
Materials Website (the “Site”), you will be authorized, subject to the restrictions listed below, to download and use electronic versions of the materials you were provided when you attended either the “WIT 101” or “WIT 102” workshop (each a “Workshop”). These Workshops are part of a series of “Writing Is Thinking” workshops conducted by Strategic Inquiry Consulting, LLC (“SI”).
YOU AGREE THAT BY USING THE SITE, YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT.
We are providing this password-protected website only to approved Designated Employees employed by charter schools within the Consortium. The Site will allow authorized users to download .pdf or .doc copies of certain Workshop materials for classroom use only and only within the individual school that employs such user.
- Links to Third Party Sites. This Site may contain links to articles and materials on other websites controlled by parties other than SI (each a “Third Party Site”). SI is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. SI makes no guarantees about the content or quality of the products or services provided by such sites. SI is not responsible for webcasting or any other form of transmission received from any Third Party Site. The inclusion of any link does not imply endorsement by SI of the Third Party Site, nor does it imply that SI sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that SI is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
- License to Use. SI grants you a limited, personal, non-exclusive and non-transferable license to use the Materials according to the terms set forth in the License. Except as set forth in the License, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. You shall not remove any copyright or trademark notice from any Materials.
- Resale of Materials Prohibited. You agree that the Materials may not be sold, offered for sale, copied or redistributed in any manner without the express written consent of SI.
- NO WARRANTY. THE “SITE” AND ALL “MATERIALS”, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE “SITE” ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, “SI” EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. “SI” MAKES NO WARRANTY THAT: (A) THE “SITE” OR THE “MATERIALS” WILL MEET YOUR REQUIREMENTS OR (B) THE “SITE” OR THE “MATERIALS” WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS. OBTAINING ANY “MATERIALS” THROUGH THE USE OF THE “SITE” IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. “SI” SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
- LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD “SI” AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF “SI” HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF “SI” IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Compliance with Intellectual Property Laws. When accessing the Site, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property.
- Children. Minors are not eligible to use the Site.
- Non-Compete and Non-Use. By accessing the Site and making use of the Materials, you agree that all such access and use are in furtherance of your position as a Designated Employee. If, for any reason, you cease to be a Designated Employee, whether because SI revokes your privileges or you are no longer an employee of a Consortium school, you agree that for a period of time coextensive with the term of the License and any extension thereof, plus an additional three (3) years, you will neither make an offer nor accept a solicitation to provide services to any school, school district or educational facility, where such services would include teaching or coaching students or other educators in methods, concepts and principles that could reasonably be considered sufficiently similar to the WITsi® training methodology as taught in the Workshops so as to put you into a competitive relationship with SI. You may not use any Materials, even if you participated in creating them in whole or in part, except in furtherance of you position as a Designated Employee. You agree that the non-compete and non-use restrictions set forth in this paragraph are reasonable and that we would not allow you access to the Site if you did not agree to them.
- Added Materials. If, as a Designated Employee, you make any suggestion to SI involving its Materials in a good-faith attempt to improve said Materials, and if SI adopts your suggestion and incorporates it into the Materials (“Added Materials”), you agree that such Added Material is a “Derivative Work” and was created as a “work made for hire” as those terms are defined by the U.S. Copyright Act, 17 U.S.C. § 101(as may be amended from time to time) and, by virtue of the License, is owned solely by SI. If for any reason such is not deemed to be a work made for hire, you hereby assign to SI all intellectual property rights that you might be deemed to have in any such Derivative Work. If for any reason such assignment is deemed invalid by force of law or administrative ruling, you hereby grant SI a permanent, exclusive, worldwide, irrevocable license to use and exploit all Derivative Works in any manner and in all media now known or hereafter developed.
- Right to Refuse. You acknowledge that SI reserves the right to refuse service to anyone and to cancel user access at any time.