NBCTLink Terms of Use
Acceptance of Terms
Welcome to NBCTLink. NBCTLink is brought to you by the National Board for Professional Teaching Standards (the “National Board," "we," or "us"). NBCTLink was established to help accomplished teachers share experiences, expertise, and explore professional development opportunities. NBCTLink is offered exclusively to teachers who have been successfully certified by the National Board and whose National Board Certification has NOT been revoked. Your use of NBCTLink website (the “Site”) is subject to these Terms of Use ("Agreement"). By clicking on the checkbox below, you agree that you have read and understand this Agreement, and you agree to be bound by the terms in this Agreement, and the National Board’s Terms of Use and Privacy Policy, which are incorporated herein by this reference. If you do not agree to these terms of use, DO NOT check the box and you will NOT be able to proceed.
User Account, Password, Security, and Confidentiality
In this Agreement "you" refers to the person who registers to become a user of NBCTLink. You agree that all information you provide to us in your registration or otherwise is true, accurate, and complete, and you agree to keep such information up to date. We are not responsible for any problems or liability that may arise out of your failure to give us accurate, truthful or complete information or update the information you provide to us. We reserve the right to refuse membership to any person or entity for any or no reason whatsoever.
To participate in NBCTLink, you will be required to designate a username and password. Your username and password are personal to you, and you may not allow others to use your username or password under any circumstances. You are entirely responsible for maintaining the confidentiality of your username and password. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns. We will not be liable for any loss or damage arising from your failure to do so.
Privacy Policy
The National Board recognizes the importance of protecting your privacy. Any registration, personal, or other information you share with us is securely managed and safeguarded. For specific information regarding what information is collected and how it is used, please review our Privacy Policy.
User Conduct
Your use of NBCTLink is subject to all applicable local, state, federal laws and regulations as well as all applicable international conventions, laws, and treaties. Your use of NBCTLink is also subject to your school’s policies, including without limitation its policy concerning privacy of student records under the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, and Family Educational Rights and Privacy Act implementing regulations, 34 CFR part 99. You are solely responsible and liable for your activity, behavior, use of and conduct in NBCTLink and any other activity or conduct in connection with NBCTLink by anyone who uses your username or password.
You agree not to post any material that infringes or may infringe on the ability of others to enjoy NBCTLink or the rights of others, and any such submissions shall be in compliance with the Messages and Postings section below. You may not post or transmit any message anonymously or under a false name. You may not provide any Postings that falsely express or imply that such Postings are sponsored or endorsed by National Board or the Site. You may not provide any Postings that are unlawful or promote or encourage illegal activity. You agree that you will only provide Postings that you believe to be true and accurate and you will not purposely provide false or misleading information. Not withstanding an agent subject to your supervision and providing assistance for a medically necessary reason, you may not permit any person to access NBCTLink using your account. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Agreement.
You shall not use NBCTLink, allow others to use NBCTLink, or knowingly condone use of NBCTLink by others, in any manner that is, attempts to, or is likely to:
* send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";
* be libelous, defamatory, indecent, vulgar or obscene, or offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or may or may appear to, impersonate anyone else;
* affect the National Board adversely or reflect negatively on the National Board, National Board Certified Teachers, NBCTLink, the National Board’s goodwill, name or reputation or cause duress, distress or discomfort to anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of NBCTLink, or from advertising or linking to the National Board in connection with NBCTLink;
* be used for chain letters, pyramid schemes or for commercial or business purposes without the express written permission of the National Board, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge, through linking with any other web site or web pages or solicit donations of any kind;
* collect any information about other users (including usernames and/or email addresses).
* copy or store any content offered on the Site for other than your own private use;
* transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information or in any way modify, translate, disrupt, impair, alter, reverse engineer or interfere with the use, features, functions, operation or maintenance of any portion of the Site or the rights or use and enjoyment of NBCTLink by any other person;
* use any robot, spider, site/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site;
* take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large burden on our IT infrastructure.
* violate any laws, regulations, judicial or governmental order, or any treaties or violate or infringe upon any intellectual property rights, including, but not limited to copyrights, trademarks, rights of publicity or privacy, or any other rights of the National Board’s or of any other person, firm or enterprise; or
* gain unauthorized access to NBCTLink, other users' accounts, names, passwords, user information or other computers, web sites or pages connected or linked to the Site or to use NBCTLink in any manner which violates or is inconsistent with the terms and conditions of this Agreement.
Messages and Postings
NBCTLink provides you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, images, creative works or other information, messages, transmissions or material to the National Board, NBCTLink or others ("Postings"). You acknowledge that you are responsible for your Postings, and that by submitting Postings you are representing that you are the owner of the material contained in the Postings, or your Postings are made with the express consent of the owner of the material. Submitting material that is the property of another, without the consent of its owner, not only is a violation of this Agreement, but also may subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. You agree that National Board is not liable for any damage resulting from any infringement of proprietary rights or any other harm caused by your Postings.
By submitting Postings, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, the National Board an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide right to use, reproduce, modify, publicly perform, digitally perform, publicly display, publish and distribute such Postings and to prepare derivative works of, or incorporate into other works or technology now known or later developed, such Postings as we see fit in any medium and for any purpose without further permission, notice, or compensation. You warrant that all moral rights in any Postings that you submit to us have been waived.
We do not exercise editorial control over Postings. Postings may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors. We do not endorse, are not responsible for, and make no representations or warranties regarding Postings, their accuracy, or fitness for any particular purpose, and we shall not be liable for any harm resulting from, or in connection with, reliance on any such Postings. In addition, we shall not be a party to, or liable in any way for any harm associated with, any transaction between our users and any other user or participant on this Site.
We reserve the right (but assume no obligation) at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) monitor e-mail messages and Postings; (b) refuse to allow you to make Postings to NBCTLink; (c) remove and delete Postings for any or no reason whatsoever; (d) revoke your right to use NBCTLink; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration. We assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
In circumstances where third parties illegally access your contributions and/or information you agree to accept this risk and will hold the National Board, and all associated licensors harmless from any claims that arise from them illegally accessing your information.
Proprietary Rights of the National Board
The National Board owns and retains all proprietary rights in NBCTLink and the Site and all content and services offered on or in connection with NBCTLink and the Site. NBCTLink and the Site contain copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound. The National Board owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in all content original to it. Except for that information which is in the public domain or for which you have been given written permission by the National Board or the copyright owner, you may not copy, modify, publish, transmit, distribute, perform, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of NBCTLink or the Site or any portion thereof.
Copyright Complaints
If you are a copyright owner or an agent therof and believe that any Posting or other content on NBCTLink or the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("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 on NBCTLink or the Site are covered by a single notification, a representative list of such works on NBCTLink or the 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 a name, 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.
If the author of the Posting believes that the Posting that was removed or to which access was disabled is either not infringing, or the author of the Posting believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the author of the Posting must send a counter-notice containing the following information to the Copyright Agent listed below:
* A physical or electronic signature of the author of the Posting;
* Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
* A statement that the author of the Posting has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
* The author of the Posting’s name, address, telephone number, and, if available, email address and a statement that the author consents to the jurisdiction of the Federal Court for the judicial district in which the author is located, or if the author’s address is located outside the United States, for any judicial district in which we are located, and that such person or entity 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, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the author of the Posting, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Marc D’Anjou
Corporate Secretary / Copyright Agent
National Board for Professional Teaching Standards
1525 Wilson Blvd., Suite 500
Arlington, Virginia 22209
Phone: 1-703-465-2700
Fax: 1-703-465-2715
Email: mdanjou@nbpts.org
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to National Board customer service through info@NBPTS.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Special Conditions for International Use and Exports
The National Board makes no representations that NBCTLink is appropriate for use in all locations, or that those transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. Your access to NBCTLink is on your own initiative and you are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement.
If you are accessing this Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, you confirm that you know this Site is a website operated by the National Board in the United States, and you consent to the transfer of your personal data to the United States, where your personal data will be subject to the laws of the United States and where the level of data protection may be different compared to the laws of your country. You also agree to our Privacy Policy [insert link] and our Terms of Use [insert link] which describe how your personal data will be used.
Downloaded Content
It is your responsibility to take precautions to ensure that information, data, and software you download or otherwise select for your use is free of viruses and other destructive items.
Links to Other Sites
You understand that this Site may provide links to other sites or content that is not hosted or managed by National Board, and you agree that the National Board has no control over, responsibility or liability whatsoever relating to any such sites or content, your use of them.
Term of Agreement
This Agreement remains in effect until terminated by you or the National Board. You may terminate this Agreement upon our receipt of your notice via e-mail to us at NBCTLink@nbpts.org and by our subsequently disabling your password and username. If you are unsatisfied with NBCTLink, your sole remedy is to cease using NBCTLink and terminate this Agreement. We may terminate this Agreement, with or without cause, at any time immediately upon our disabling your password and username. We may notify you of termination of the Agreement via e-mail or other written notice to the address you provide to us in the registration process. After termination of this Agreement, you are not authorized to access or use NBCTLink, and you shall cease all such access and use. If you nonetheless access NBCTLink after termination of the Agreement, your use of, or access to, NBCTLink will be subject to the version of the Agreement then in effect as to all current users.
Changes to Agreement
We may amend this Agreement at any time by posting an amended Agreement on this Site. The amended Agreement will be automatically effective five (5) days after it is initially posted on this Site. Your continued use of NBCTLink indicates your continued agreement to be bound by this Agreement, as changed from time to time. You should view this Agreement often to stay informed of changes that may affect you. If you have registered with us and provided us with an e-mail address, we may provide you with notice informing you that this Agreement has changed, but such notice shall be for convenience only and shall not be required for the effectiveness of the changes. The National Board may also make changes to NBCTLink, including discontinuing any service or provision of any content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. The National Board reserves the right to change or add any fees or charges for access to or use of NBCTLink at any time during the term of this Agreement.
No Warranties/Limitation of Liability
NBCTLINK AND THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER THE NATIONAL BOARD NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING NBCTLINK MAKES ANY GUARANTIES OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO NBCTLINK AND THE SITE OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR SITE WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS, NOR SHALL THEY BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OR INABILITY TO USE NBCTLINK, THE SITE OR THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SITE OR SERVICES.
IN NO EVENT WILL THE NATIONAL BOARD, OR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You therefore agree that all access and use of NBCTLink and the Site are solely at your own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of the National Board, and its respective affiliates, officers, directors, employees, agents, contractors, and suppliers shall be limited in accordance with this Agreement to the fullest extent permitted by law. You specifically waive any and all claims arising out of use of NBCTLink and/or the Site.
The National Board, and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that the National Board does not accept any responsibility for security of information transmitted over the Internet.
Without limiting any of the foregoing, if the National Board, or any of its affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, the National Board's and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to the National Board for the specific Service or product giving rise to such liability.
Indemnification
You agree to indemnify, defend and hold the National Board and its affiliates, officers, directors, employees, agents, contractors and suppliers, harmless from and against any and all claims, demands, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you or made by any third-party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to cooperate fully with us in the defense of any such claim, action, settlement or compromise negotiations, as requested.
Governing Law
This Agreement and your use of NBCTLink and the Site are governed by, construed and enforced in accordance with the internal substantive laws of the Commonwealth of Virginia applicable to contracts made, executed and wholly performed in Virginia, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Virginia and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. To the extent it may be applicable, you agree with us to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act or Virginia Uniform Computer Information Transactions Act, Va. Code § 59.1-501.1. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Acknowledgements
The National Board for Professional Teaching Standards is funded in part with grants from the U.S. Department of Education and the National Science Foundation. Through September 2006, NBPTS has been appropriated federal funds of $159.0 million, of which $146.4 million was expended. Such amount represents approximately 34 percent of the National Board Certification project. Approximately $276.8 million (66 percent) of the project’s cost was financed by non-federal sources.
Miscellaneous
The Site is operated by or on behalf of the National Board in the United States. This Agreement, together with our Privacy Policy, the general Terms of Use for the Site, and any other rules, regulations, procedures and policies to which we refer and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the National Board and supersedes any and all prior or inconsistent understandings relating to NBCTLink and your use of the Site. Any express waiver or failure to exercise any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. This Agreement does not confer any rights, remedies, or benefits upon any person other than you and the National Board. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of NBCTLink and/or the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). Section headings are for convenience only and are not to be considered in determining the meaning or effect of these terms.
Contacting NBCTLink
If you have any questions about the practices of NBCTLink or the Site, or your dealings with NBCTLink or the Site, you can contact: NBCTLINK@NBPTS.ORG.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE SITE TERMS AND CONDITIONS GOVERNING USE AND ACCESS TO NBCTLINK AND UNDERSTAND THEM. BY PRESSING “I AGREE” BELOW, YOU CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last updated September 10, 2007
© The National Board for Professional Teaching Standards, 2007. All Rights Reserved.