Inc. (“VP”) that governs the use by You of www.SuccessAtTheCore. com (the "Site")
and your submission of any materials to the Site. VP is providing You access to
Site, sending information through the Site, or registering to post on any forums
VP reserves the right, at any time, to modify, alter, update, or remove portions
as your continued use of the Site signifies your acceptance of any changed terms.
the current version. We will alert You that changes have been made by indicating
to discontinue your use of the Site.
Forums, Registration and Password
VP makes available forums for dissemination of information and discussion regarding
strategies to improve quality instruction for math, science and English in Middle
Schools. The forums are a place to exchange information, provide suggestions and
share experiences with other users. You must register in order to access and post
on the forums. Only one account is allowed per individual. When You register to
use the forums, You will be required to provide your email address in order to create
a password protected user account. When setting up an account, You agree to provide
VP with complete, accurate and current information about yourself and to update
such information as necessary to ensure that it remains complete, accurate and current.
You agree to safeguard your password, and are solely responsible for any use or
misuse of your user name and/or password. You will immediately notify VP of any
unauthorized use of your password. You may not use a user name or email address
that is already being used by someone else, impersonates another person, belongs
to another person (without his or her prior consent), violates the intellectual
property or other rights of any person, is vulgar or otherwise offensive, or that
VP rejects for any other reason at its sole discretion. VP reserves the right to
suspend or terminate your account and your use of the Site for any reason at any
time in its sole discretion, including if it has any basis to believe that your
registration information is incomplete or inaccurate. If You violate any of these
and VP may also pursue any other available legal remedy against You. VP reserves
the right to deactivate accounts that are inactive for an extended period of time.
Personal and Non-Commercial Use Only
Unless otherwise specified in writing by VP, the Site, all forums and any information,
graphics, text, messages and other materials made available through the site are
available for your personal and non-commercial use only. You may not copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer or sell any information, products or services obtained through this
Site. You agree that VP may establish general practices and limits concerning use
of the Site. You agree that VP has no responsibility or liability for the deletion
or failure to store any messages and other communications or other content maintained
or transmitted by the Site.
Through the Site, either as a registered user of the forums or otherwise, You may
post, upload, transmit provide or otherwise make available (“Transmit”) information,
content, questions, material, suggestions, reviews, or comments (collectively “Content”).
responsible for any Content you put on the Site. The Content and information posted
to the Site does not necessarily reflect the views of VP and in no event shall VP
assume or have any responsibility or liability for any Content or information posted
to the Site or for any claims, damages, or losses resulting from the use and/or
appearance of such Content or information on the Site. VP has no obligation to pre-screen
or monitor your access to or use of this Site, the Content You post or any materials
made available through this Site, but has the right to do so for the purpose of
that is otherwise objectionable. By posting Content on the Site, You warrant and
represent that you own or otherwise control all of the rights to such Content including,
without limitation, all the rights necessary for You to Transmit such Content. VP
reserves the right at all times to edit, refuse to post or remove any information
or materials, in whole or in part, in VP’s sole discretion. Content Transmitted
to the Site may be subject to posted limitations on usage, reproduction and/or dissemination.
You agree to adhere to such limitations.
Any Content You share on a forum can be seen by other registered users of the Site.
VP does not want and You agree not to post any Content or otherwise send VP any
requests, proposals, business plans, applications, ideas, suggestions or other materials
that You consider to be personal, confidential or proprietary. All Content, including
any requests, proposals, business plans, applications, ideas, suggestions, comments,
feedback, and other materials disclosed, submitted, or offered to VP, through the
Site either using the forums or otherwise will not be treated as confidential or
proprietary and VP will have no nondisclosure obligations or use prohibitions related
to such information. Whenever You post to a forum, your email address and a link
to your profile and online status will appear to other registered users. Your profile
may display historical information such as “joined”, “last visit” or number of posts.
By posting, uploading, inputting, providing or submitting Content You grant VP,
its affiliates and necessary sublicensees permission to use the Content including
without limitation the license rights to display, publish, reproduce, modify, transmit,
sublicense, translate, create derivative works from, and distribute Content in any
medium and through any method of distribution, transmission or display for any purpose
whatsoever, commercial or otherwise, without compensation to You or anyone else.
VP reserves the right to reject any Content or request for information and to bar
any user from the Site, for any reason, in VP’s sole discretion.
The Site may contain links to other Web sites on the Internet that are owned and
operated by someone other than VP. VP provides these links solely as a convenience.
The appearance of a link does not imply VP’s endorsement, nor is VP responsible
applicable only when You are on the Site. Once You choose to link to another website,
YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL VP BE LIABLE
IN ANY WAY FOR ANY ASPECT OF THE LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY
FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.
No Unlawful or Prohibited Use
You warrant that You will not use the Site or any materials, content or information
obtained from the Site for any purpose that is unlawful or prohibited by these Terms
of Use. Without limitation, You agree not to: (i) use the Site in any manner that
could damage, disable, overburden or impair any VP server or the network(s) connected
to any VP server, or interfere with any other party’s use and enjoyment of the Site;
(ii) attempt to gain unauthorized access to any materials or information through
any means not intentionally made available through the Site, including without limitation
through hacking or any other means; (iii) Transmit Content that is illegal, obscene,
threatening, defamatory, invasive of privacy, harmful, abusive, harassing, defamatory,
pornographic, offensive, or promotes bigotry or racism; (iv) falsely state or otherwise
misrepresent your identity or affiliation with a person or entity; (v) disguise
the origin of any Content transmitted through the Site; (vi) Transmit any Content
that infringes another’s intellectual property rights; (vii) Transmit any unsolicited
or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of commercial solicitation, or political
campaigning; (viii) Transmit any Content that contains 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 or interfere
with or disrupt this Site or any servers or networks connected to the Site; (ix)
reverse engineer, decompile or disassemble any of the software used to provide the
Site; or (x) obtain, collect, store or modify the personal information about other
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations
regarding your use of the Site and your use of the services described therein. VP
controls and operates this Site from its headquarters in the United States of America
and makes no representations that the Site is appropriate or available for use in
other locations. If You use this Site from outside of the United States of America,
You are entirely responsible for compliance with local laws. Unless otherwise explicitly
stated, all information or promotional materials found on this Site are solely directed
to individuals, companies or other entities located in the United States.
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED
WITHIN THE SITE IS PROVIDED ON AN "AS-IS" BASIS. VP MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED
TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES
INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE
SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VP DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION
ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS,
AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH
THE SITE. WITHOUT LIMITING THE FOREGOING, VP DOES NOT WARRANT THAT THE SITE OR ANY
OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VP DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE
SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD,
EMAIL OR OTHERWISE POST USING THE SITE.
Limitation of Liability
IN NO EVENT SHALL VP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION,
OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT,
OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION,
OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN,
EVEN IF VP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VP’S LIABILITY
TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
You release and discharge VP, its affiliates and their respective officers, directors,
shareholders, employees and agents from and against all claims, damages, losses,
liabilities, costs and expenses of any kind or nature whatsoever, including without
limitation court costs and attorneys’ fees, whether known or unknown, related to,
or arising out of your use of the Site. You knowingly and voluntarily waive any
protection that You might have under Section 1542 of the California Civil Code as
well as any protection that may exist under any comparable or similar statutes and/or
principles of common law applicable in states other than California as it pertains
to the enforcement of the release in this section.
You will indemnify, defend and hold harmless VP, its subsidiaries and affiliates
and their respective officers, employees and agents from any and all claims, demands,
damages, costs and liabilities, including reasonable attorneys’ fees, made by any
third party due to or arising out of your use of the Site or any violation of these
The Site is not intended for use by anyone under 18. You represent that you are
18 years or older.
General Proprietary Rights
All website designs, text, graphics, interfaces and the selection and arrangement
thereof, on the Site are copyrighted works of VP or VP’s content suppliers and licensors,
and are protected by U.S. and international copyright laws. Prior permission to
use, reproduce, or reprint any photograph, illustration, artwork, or other information
or materials on the Site must be obtained from the copyright owner, regardless of
the intended use. Any unauthorized use, reproduction or distribution of the designs,
text, code, graphics, interfaces or other copyright protected works (whether marked
as such or not) appearing on the Site is in violation of copyright, trademark, and
other applicable laws and may result in severe criminal penalties and/or civil fines..
“Vulcan Productions” and all logos, designs and symbols associated with such terms
are trademarks of VP and/or its affiliates. They may not be used in connection with
any product or service other than those offered by VP or its affiliates, in any
manner that is likely to cause confusion, or in any manner that disparages or discredits
VP or its affiliates. All other trademarks are the property of their respective
Digital Millennium Copyright Act (“DMCA”) Notice
VP respects the intellectual property rights of others and is committed to complying
with U.S. Copyright laws. VP’s policy is to respond to notices of alleged infringement
that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA
provides resources for owners of copyrighted material who believe their rights under
U.S. Copyright law have been infringed on the Internet. If You believe your work
has been copied and is accessible on the Site in a way that may constitute copyright
infringement, please provide notice to VP’s Designated Agent, listed below. The
notice must include the following information as provided by the DMCA, 17 U.S.C.
- A physical or electronic signature of a person authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copy works at a single online site are covered by a single notification, a representative
list of such works at that 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
- Information reasonably sufficient to permit the service provider to contact the
complaining party, such as address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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;
- A statement that the information in the notification is accurate and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
VP’s Designated Agent for receiving notices of copyright infringement may be reached
at the following:
Copyright Agent for Claims, Legal Department
Vulcan Productions, Inc.
505 Fifth Ave. S, Suite 900
Seattle, WA 98104
Telephone: (206) 342-2000
Fax: (206) 342-3000
VP operates the Site from Seattle, Washington, United States of America. The laws
State of Washington without reference to its conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to these
in the state or federal courts of King County, Seattle, Washington, USA, and You
hereby consent and submit to the exclusive jurisdiction and venue of such courts.
more than one year after the cause of action has accrued.
JURY TRIAL WAIVER.
YOU AND VP WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN
YOU AND VP.
CLASS ACTION WAIVER.
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND VP MAY ONLY BRING CLAIMS
AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR
A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
for any conduct that VP, in its sole discretion, determines to be disruptive or
herein regarding disclaimers, limitations of liabilities, submissions, intellectual
property rights, choice of law, and venue shall survive the termination of these
unenforceable, then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining provisions.
All rights not expressly granted herein are reserved.