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Website Terms of Use
Agreement between user and http://www.cpirwhoknowswhat.org/
Welcome to the Parent Center Who Knows What?! website. The website (the “Site”) is comprised of various web pages developed and operated by the Statewide Parent Advocacy Network of New Jersey (“SPAN”) and its partners as part of managing the Center for Parent Information and Resources (“CPIR”) in accordance with its cooperative agreement (H328R130014) with the Office of Special Education Programs (“OSEP”) at the U.S. Department of Education (“ED”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Parent Center Who Knows What?! website has been developed to capture the experience and know-how of the Parent Centers funded by OSEP. Parent Center staff are invited to fill out a profile of the strengths and areas of knowledge they bring to the Parent Center network. Developing a profile at the Site is completely voluntary. Parent Center staff can also use the Site to identify colleagues in the network with experience in a given aspect of Parent Center work. The Site may also be used by authorized staff of OSEP and ED, or any of OSEP’s funded Technical Assistance and Dissemination (TA&D) projects. Authorized users from these entities do not create profiles of their areas of experience. Rather, they can use the Who Knows What?! website to search for individuals in the Parent Center network with specific knowledge or experience.
 
Privacy
Your use of the Who Knows What?! is subject to the Site’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
 
Electronic Communications
Visiting http://www.cpirwhoknowswhat.org/ or sending emails to Parent Center Who Knows What!? constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
 
Your account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Parent CenterWho Knows What!? is not responsible for third party access to your account that results from theft or misappropriation of your account. CPIR staff reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Parent Center Who Knows What!? does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
 
Cancellation/Refund Policy
You may unsubscribe from Parent Center Who Knows What?! at any time and delete your Parent Center profile, effectively removing your information from the website. CPIR also reserves the right to delete the profiles of individuals who are no longer employed by a Parent Center within OSEP’s Parent Center network [or TA&D network].
 
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SPAN, and SPAN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Parent Center Who Knows What!? website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Parent Center Who Knows What!? of the site or any association with its operators.
Certain services made available via http://www.cpirwhoknowswhat.org/ are delivered by third party sites and organizations. By using any product, service, or functionality originating from the http://www.cpirwhoknowswhat.org/ domain, you hereby acknowledge and consent that CPIR may share such information and data with any third party with whom SPAN of New Jersey has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.
 
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.cpirwhoknowswhat.org/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SPAN of New Jersey that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SPAN or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
The Parent Center Who Knows What!? content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Parent Center Who Knows What!? and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Who Knows What!? or our licensors except as expressly authorized by these Terms.
 
International Users
The Service is controlled, operated, and administered by SPAN of New Jersey and its partners from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Parent Center Who Knows What!? content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
 
Indemnification
You agree to indemnify, defend, and hold harmless SPAN of New Jersey, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
SPAN of New Jersey reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Who Knows What!? in asserting any available defenses.
 
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPAN OF NEW JERSEY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE CENTER FOR PARENT INFORMATION AND RESOURCES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPAN OF NEW JERSEY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPAN OF NEW JERSEY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPAN OF NEW JERSEY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 
Termination/access restriction
Parent Center Who Knows What!? reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Parent Center Who Knows What!? as a result of this agreement or use of the Site. Parent Center Who Knows What!?'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SPAN of New Jersey’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Parent Center Who Knows What!? with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SPAN of New Jersey with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SPAN of New Jersey with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
 
Changes to Terms                         
SPAN of New Jersey reserves the right, in its sole discretion, to change the Terms under which http://www.cpirwhoknowswhat.org/ is offered. The most current version of the Terms will supersede all previous versions. Parent Center Who Knows What!? encourages you to periodically review the Terms to stay informed of our updates.
 
Contact Us
Parent Center Who Knows What!? welcomes your questions or comments regarding the Terms:
    Center for Parent Information and Resources
    SPAN of New Jersey, 35 Halsey St., Fourth Floor
    Newark, New Jersey 07102
 
Effective as of October 01, 2016