TERMS OF USE

These Terms of Use govern your use for the Web site of the USHCA Learning Community (“LC”), operated by The Urban Schools Human Capital Academy (“us”, “we” or “our”), including, without limitation, the Web site currently located at http://ushcaforum.org (collectively, the “Site”). Please read these Terms of Use carefully before using the Site.  By using the Site, you signify your assent to these Terms of Use.  If you do not agree to these Terms of Use, you may not use the Site.
Ownership
The content on the Site, other than Submissions (defined below), including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and The USHCA and LC word marks and design marks, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks (“Marks”) are owned by or licensed to Us and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.
Use of the Site and Content
THE SITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by Us and its applicable licensors. The Site is provided for your personal, educational non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that We may use any information we obtain about you in accordance with the provisions of our Privacy Policy (see below). Prohibited content and activities include, without limitation, the following:
(a) violating any local, state, national, or international law or regulation;
(b) transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(c) transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(d) knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) stalking, harassing, or harming another individual;
(f) impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;
(g) interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site;
(h) launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; and
(i) other actions that could, in the reasonable judgment of KNS, cause harm to or endanger the Site, content or its users.
Submissions
The Site may enable you to submit your content to the Site for hosting, display, educational content and distribution to other users of the Site (collectively “Submissions”), such as posting messages and other content to community and interactive areas of the Site. We do not claim ownership of Content you submit or make available for inclusion on the Site. When you provide us with a Submission, you hereby grant to us and our affiliates, representatives, and assigns a non-exclusive, worldwide, fully paid, royalty free, transferable, sub-licensable, license and permission to display, publicly perform, distribute, store, transcode, syndicate (including, without limitation, syndication through third party Web sites), broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. Submissions are available to all users of the Site. We reserve the right to modify Submissions in its sole and absolute discretion to enhance the searchability of the submission, change the meta data/name of the document, but we would not change the content of a Submission.. We are not required to host, display, or distribute any Submissions, and may delete, move, or edit Submissions at any time.
We do not, as part of a regular, established practice, monitor, control, or have knowledge of any Submissions transmitted on or through the Site. You agree that you are solely responsible for all Submissions you transmit and receive on or through the Site. You represent and warrant that:
(a) you will properly attribute the source, authorship and ownership of Submissions;
(b) you own all rights in your Submissions or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions as described herein;
(c) you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in your Submissions to enable you to grant the rights to us described herein;
(d) you will make such permissions available to Manager upon request;
(e) your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; and
(f) you have paid and will pay in full any imposed license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions.
You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to us upon our request.
Feedback
You further agree that we are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, suggestions, reports, or other feedback other than Submissions (“Feedback”), whether oral or written, that you may send to us. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that we have no duties to you, with respect to such Feedback.
Digital Millennium Copyright Act
We respect the intellectual property rights of others. Upon proper notice, we will remove Submissions or other applicable content that we deem to violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit Manager to locate the material on the Site;
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(f) your physical or electronic signature.
Please send all of the above enumerated information to the following Manager copyright agent:
USHCA Learning Community Manager
11160 C-1 South Lakes Drive, Suite 704
Reston, VA 20191
Please do not send notices or inquiries unrelated to alleged copyright infringement.
Links To and From Other Web Sites
We permit the linking to the Site from any other Web site so long as the linking Web site does not contain libelous, defamatory, obscene, illegal, or otherwise objectionable content in our sole determination. Any link must not frame the Site and must be to the entire Site rather than to a particular page or graphic. We reserve the right to request any linking Web site to remove such link to the Site for any reason or for no reason. Any linking Web site agrees to comply with such a request within 24 hours of receipt of such a request from us. The Site may provide, or users of the Site may provide, links to other Web sites or resources. Because we have no control over such third-party Web sites and resources, you acknowledge and agree that we are not responsible for the availability of such Web sites or resources, and we do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You further acknowledge and agree that Manager shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products, or services available on or through any such Web site or resource.
Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). WE AND our AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEB SITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR OTHER HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
(f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, MATERIALS OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND we AND our AFFILIATES 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM us OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL we OR OUR OFFICERS, EMPLOYEES, PARTNERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.
Exclusions and Limitations
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 and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Indemnity
You (including anyone using your account) agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions, Feedback, or any other content) you submit, post, or transmit on or through the Site; (b) your use of the Site; (c) your violation of these Terms of Use; or (d) your violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, other intellectual property, personal or proprietary rights of any person or entity. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Force Majeure
Without limiting the foregoing, under no circumstances will we be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Termination
If you violate any of these Terms of Use, your permission to use the Site and the Content automatically terminates.
Modifications to the Site
We reserve the right to modify or discontinue the Site with or without notice to you. We shall not be liable to you or any third party should Manager exercise its right to modify or discontinue the Site.
Other Provisions
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any conflict of laws, rules or provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed only in the state or federal courts located in Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of us to enforce any right or provision of these Terms of Use will not be deemed a waiver of such or other right or provision. These Terms of Use, together with our Privacy Policy and any other rules or guidelines posted in connection with the Site, are the entire and exclusive agreement between us and you regarding the Site, and these Terms of Use supersede and replace any prior agreements between us and you regarding the Site.
Terms of Use Changes
We may, in our sole and absolute discretion, change these Terms of Use from time to time. We will post a copy of the Terms of Use as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.

PRIVACY POLICY

This is the Privacy Policy for the Web site of the USHCA Learning Community, operated by The Urban Schools Human Capital Academy, (“us”, “we” or “our”), including, without limitation, the Web site currently located at http://ushcaforum.org (collectively, the “Site”). Your privacy is important to us and we have prepared this Privacy Policy to explain how we collect, use and protect Personal Information (defined below) and Non-Personal Information (defined below) when you use the Site and your choices for managing your information preferences.  By using the Site, you signify your assent to this Privacy Policy and the Terms of Use (see above).
Managing Information Preferences
You may review, correct, update, or change your Personal Information or preferences at any time by visiting your profile or account page on the Site.  You may also remove your Personal Information by writing to the Site Administrator at  info@ushcacademy.org
User Profile Information
You may choose to submit personal information such as your name, education, work history, e-mail and other identifying information. This information may be used by you and by others within the network. We will not share this information outside the network, nor will we sell, share, rent or otherwise distribute it.
 
Information you choose to Submit
We collect information that personally identifies you, such as your name, address, telephone number, e-mail address, billing information, or other data which can be reasonably linked to such information (“Personal Information”) only if you choose to share such information with us.  For example, you may be required to provide us with certain Personal Information to register with the Site, sign up for certain services available through the Site, subscribe to a newsletter. The decision to provide this information is optional; however, if you decide not to register or provide such information, you may not be able to use certain features of the Site.
Information we automatically Collect

We automatically collect information that does not reflect or reference an individually identifiable user (“Non-Personal Information”) to help us understand how our users use the Site. Like most Web sites, we automatically collect and use the data contained in log files.  The information in the log files may include your IP (internet protocol) address, your ISP (internet service provider), the Web browser you used to visit the Site, the time you visited the Site, which Web pages you visited on the Site, and other anonymous Site usage data.

Cookies and Web Beacons
We may use cookies (a small file containing a string of characters that uniquely identifies your Web browser) and Web beacons (an electronic file placed within a Web site that monitors usage).  We may use cookies and Web beacons to improve the quality of the Site.  Most Web browsers are initially set up to accept cookies, but you can reset your Web browser to refuse all cookies or to indicate when a cookie is being sent.  However, certain features of the Site may not work if you delete or disable cookies.  Certain of our Service Providers (defined below) may use cookies and Web beacons in connection with the services they perform on our behalf, including, without limitation, targeted ad serving.
How we use Personal Information and Non-Personal Information
We use Personal Information and Non-Personal Information for internal purposes only, such as to notify you of new products or services, to send service notifications, to customize the content you see, to fulfill your requests for products and services, to improve the Site, to conduct research, to solicit your feedback and input about the Site, and to provide more relevant products, services, and advertisements on or through the Site.  Personal Information and Non-Personal Information may be combined with data collected from other sources so that we may further improve the relevance of products and services offered on or through the Site.  We will not sell, share, or rent Personal Information to third parties, and we will not otherwise disclose Personal Information to third parties, without your express permission or as expressly disclosed in this Privacy Policy.
From time to time, we may establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy practices are consistent with ours (“Service Providers”).  For example, we may contract with Service Providers to provide certain services, such as analytics tools, data management services, Web hosting and Web development.  We provide our Service Providers with the information reasonably necessary for them to perform these services.  Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification, or disclosure.
We may use, and disclose to third parties, certain Non-Personal Information regarding the Site (e.g., number of visits, page views, number of registered members who reside in a particular geographic location, etc.).  However, such information does not identify you individually.
We may share Personal Information and Non-Personal Information with entities partnering with or working in collaboration with us.  In the event that we are merged, sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Non-Personal Information in connection with such transaction.

In certain instances we may disclose Personal Information and Non-Personal Information when we believe it is necessary to identify, contact, or bring legal action against persons or entities in order to protect us or our users, or when we believe that the law or legal process requires such disclosure.

Public Areas
Please be advised that, whenever you voluntarily post information to any community or interactive areas of the Site, such information can and may be accessed by members of the network.  This means that any person or entity with access to such information can potentially use it for any purpose, including sending unsolicited communications.  We do not review job postings or other information posted by users.  Site users are urged to validate information such as job postings and use caution and common sense when applying and relaying on such data.  Do not disclose Social Security numbers, credit card information, or bank account numbers with unknown employers.
 
Security
Information that we collect is stored on servers that we manage, using standard security procedures and practices appropriate to the nature of the information in an effort to protect information from unauthorized access, destruction, use, modification, or disclosure.  However, no data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect information transmitted on or through the Site, we cannot and do not guarantee or warrant the security of any information you transmit on or through the Site, and you do so at your own risk.
Children’s Privacy Statement
We do not knowingly collect Personal Information from children under the age of 13.  If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.
Privacy Policy Changes
We may, in our sole and absolute discretion, change this Privacy Policy from time to time. We will post a copy of the Privacy Policy as changed on the Site.  Your continued use of the Site constitutes your agreement to abide by the Privacy Policy as changed.  If you object to any such changes, your sole recourse shall be to cease using the Site.
Effective Date:  October 26, 2014