Legal

Terms of Use

Welcome to the Tandem: Partners in Early Learning™ website (the “Site”). Please read these terms of use (the “Terms”) carefully before using the Site. By accessing, using or downloading any information or materials on the Site, you agree to follow these Terms. If you do not accept these Terms, do not use the Site.

Tandem reserves the right to change these Terms at any time and without notice. It is your responsibility to regularly check the Terms to ensure you agree to any amendments. If you do not agree with any changes we have made, you should immediately cease using the Site.

Use of Materials on This Site

Copyright

Tandem owns the copyright in all materials on the Site, including: HTML, text, images, audio, video and/or other content (“Content”) that is made available on the Site, with the exception of articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other content or items belonging to or originating from third parties (the “Third Party Content”), which Tandem licenses and makes available on the Site.  To the extent possible, Third Party Content available on the Site is identified as such, including, as appropriate, through the use of third-party trademarks and/or copyright notices.  The exclusive rights to all Content on the Site are protected by U.S. and international copyright law and other intellectual property laws.

Tandem respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our web master at webmaster@tandembayarea.org.

Permitted Use

Tandem authorizes you to display on your computer, download, link to, copy, post, print, cite to or use the information or Content from the Site provided that:

• the information or Content is only used for personal, educational and non-commercial use,
• the particular article, section or portion of the Content is reproduced in its entirety in its original form,
• the information or Content is not altered or edited, nor the substance of the information or Content otherwise changed,
• all copies include an attribution or citation to Tandem, the Site and the author of the Content, and
• all copies or printouts include the copyright notice “© 2015 Tandem.”

Notwithstanding the above, attributions and/or citations to Tandem must not be used in such a way to imply endorsement or sponsorship of any other products or services.

Use Requiring Advance Written Permission

Except as set forth above, Tandem strictly prohibits commercial use, redistribution, copying, modifying, preparing derivative works, republishing, transmitting, reposting or otherwise using any part of the Site or Content on the Site without written permission from Tandem.  Further information and written requests for permission to copy or use Content from the Site should be directed to: webmaster@tandembayarea.org.

Use of Third Party Content

Your use of Third Party Content available on the Site is limited to displaying on your computer, downloading, linking to, or citing the information or Content from the Site, provided that the information or Third Party Content is used solely for personal, educational, and non-commercial use.  Written requests for permission to copy or use Third Party Content from the Site should be directed to the designated third-party owner/author of the content.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Tandem or other third parties.  Tandem’s trademarks include TANDEM and the TANDEM logo.  You are not permitted to use the Marks without the prior written consent of Tandem or such third party which may own the Mark.

Rights in Your Content

To the extent you voluntarily post or transmit HTML, text, images, audio, video or other content (“Your Content”) to the Site (e.g., posting a comment), you give Tandem a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, modify, publicly perform, publicly display and/or distribute Your Content, including the right for Tandem to use Your Content to market and promote Tandem and the Site.  By posting or transmitting Your Content to the Site, you represent and warrant to Tandem that you have all the rights, power and authority necessary to grant this license.

Linking and Downloads

The Site contains links to other websites (“Third Party Sites”) as well as Third Party Content.  Tandem is not responsible for, has no control over, and does not approve of or endorse these Third Party Sites or any Third Party Content.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.

You may provide hot links to this Site provided: (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site; (b) you give Tandem notice of such link by sending an e-mail to webmaster@tandembayarea.org and (c) you discontinue providing hot links to this Site if requested to do so by Tandem.

Monitoring

Tandem has the right, but not the obligation, to monitor the Site to determine compliance with these Terms and any other operating rules established by Tandem.  Tandem has the right to review, modify, refuse or remove any material posted on the Site that we find to be in violation of these Terms or is otherwise objectionable, or to revoke the access rights of any user.  You are solely responsible for any information you post or transmit on the Site, and you acknowledge and agree that Tandem does not have any liability for any action or inaction with respect to any posting on the Site.

Rules of Conduct

Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations.  Any attempt by any person to deliberately damage the Site is a violation of criminal and civil laws.  In addition, you agree not to post any content that violates or infringes the rights of others or is threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent, or otherwise objectionable, gives rise to civil or criminal liability, or otherwise violates any applicable law.  You may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by “hacking,” “cracking,” “spoofing” or defacing any portions of the Site.

You may not post or transmit advertising or commercial solicitations; promotional materials relating to website or online services; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Content.  You may not harvest or collect information about Site visitors without their express written consent.

Indemnification

Any person or entity submitting content to the Site agrees to defend, indemnify and hold harmless Tandem and its officers, directors, members, successors in interest, employees, agents and licensors from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or entity submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by Tandem prior to publishing on the Site.

Disclaimer

THE SITE AND ALL CONTENT OR OTHER MATERIAL (COLLECTIVELY “MATERIAL”) OR SERVICES AVAILABLE AT THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FROM TANDEM AND ITS CONTENT PROVIDERS.  ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.

EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A LICENSE AGREEMENT OR OTHER AGREEMENT, TANDEM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE MATERIAL OR SERVICES AVAILABLE AT THE SITE.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TANDEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT.  YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE MATERIAL OR SERVICES AVAILABLE AT THE SITE. WITHOUT LIMITING THE FOREGOING, TANDEM MAKES NO WARRANTY THAT (i) THE MATERIAL OR SERVICES OFFERED ON THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE MATERIAL OR SERVICES OFFERED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS OR SERVICES WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM TANDEM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TANDEM SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT YOUR USE OF THE SITE OR THE MATERIAL OR SERVICES AVAILABLE AT THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TANDEM IN CONNECTION WITH THE SITE IS TO CEASE YOUR USE OF THE SITE.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Jurisdiction

These Terms and all claims relating to the relationship between the parties are governed by the Federal laws of the United States and the laws of the State of California, U.S.A. without regard to choice of law provisions.  Any action brought to enforce or interpret any provision of these Terms shall be brought exclusively in an appropriate state court in San Francisco County or in the United States District Court for the Northern District of California in San Francisco.

If one or more of the provisions contained in these Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

If You Do Not Agree . . .

If these Terms are not acceptable in full, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITE.

The Terms were last amended on August 6, 2015.