Terms of Use

Effective December 1, 2010

Acceptance of Terms

Welcome, and thank you for visiting WestEd’s Decision Support Platform. Please read these Terms of Use (“Terms”) carefully before using WestEd’s Decision Support Platform (the “DSP” and “website”). Using this website indicates that you accept these Terms. If you do not agree to these Terms, please do not use this website.

These Terms may be updated or revised by WestEd from time to time without notice to you. Any changes to these Terms will be effective prospectively upon their posting to this website. If you disagree with these Terms, your sole remedy is to discontinue your use of this website.

Use of the Decision Support Platform

You are expected to exercise caution, good sense and sound judgment in posting information to the DSP. You are responsible for any information that you submit.

You agree, represent and warrant that any information you post is truthful, accurate, not misleading and offered in good faith; not invasive of another’s privacy, abusive, threatening or obscene; not infringing upon the copyright, trademark or other intellectual property rights of others; and that you have the right to post or transmit such information. The content of such information, whether publicly posted or privately transmitted, is your sole responsibility.

You must not submit any material to be posted to the DSP that you consider to be confidential or proprietary. Any material that you submit to be posted will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas.

Except as expressly provided in WestEd’s Privacy Policy, you agree that by posting information to the DSP, including any concepts, know-how or ideas, you hereby grant WestEd a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display such posting in connection with this website and WestEd’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the posting (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others.

You may delete any of your submitted postings at any time by visiting the “My Content” tab in the DSP, locating the posting, and clicking the delete button next to the material you wish to remove. If you have trouble deleting material, use the “Help & Support” tab to report the problem and request assistance.

Registration

The Decision Support Platform is available only to users who have been granted user IDs and passwords (“Registered Users”). If you are a Registered User, you agree to keep up to date any information about yourself that you have provided to WestEd. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this website by emailing us at dsp@wested.org.

Intellectual Property

The content on this website, including, without limitation, any text, software, graphics, and photos, and any trademarks, service marks and logos contained therein (collectively, “Materials”) is owned by or licensed to WestEd, subject to copyright, trademark and other intellectual property rights.

Unless otherwise noted, no Materials from this website may be copied, reproduced, republished, uploaded, performed, distributed, displayed, posted, transmitted, or used to create a derivative work in any way without written permission of the rights owner, except that you may use information purposely made available by WestEd for downloading from this website, provided that you (1) keep intact all copyright and other proprietary notices, (2) use such information only for your proper informational purpose and do not copy or post such information on any other website or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such information. You agree not to circumvent, disable, or otherwise interfere with any security related features of this website or features that prevent or restrict use or copying of any Materials or content.

Permission for all other uses of Materials contained herein must be obtained from WestEd or the appropriate rights owner in advance; otherwise, such use is prohibited.

All design rights, databases and compilation and other intellectual property rights associated with this website, in each case whether registered or unregistered, and related goodwill, are proprietary to WestEd.

You represent, warrant and agree that all materials submitted through your account or otherwise posted, transmitted, or shared by you on this website, including but not limited to text, software, graphics, and photos, and any trademarks, service marks and logos contained therein (collectively “Submitted Materials”), will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

Trademarks and Service Marks

There are a number of proprietary logos, service marks, and trademarks found on this website that are the property of WestEd. By making them available on this website, WestEd is not granting you a license to use them in any fashion. Except as provided in these Terms, no trademark or service mark may be used as a hyperlink without WestEd’s prior written permission.

Other Prohibited Activities

In using the Decision Support Platform, you agree not to:

  • Impersonate any person or misrepresent your identity or affiliation in any way;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • Restrict, discourage or inhibit any person from using this website;
  • Intentionally seek information on, gain unauthorized access to, obtain copies of or modify files, other data belonging to other users without permission; or harvest user names, email addresses or other personal information for any purpose;
  • Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Gain unauthorized access to this website or to other computers or websites connected or linked to this website;
  • Violate any applicable laws or regulations or these Terms; or
  • Assist or permit any persons in engaging in any of the activities described above.

Privacy Policy

WestEd knows that users of the Decision Support Platform (the "Site") value their privacy. Our goal is to create a safe online environment of trust and community with our users. The following privacy policy discloses our information gathering and dissemination practices for this Site.

WestEd will not disclose any personal information to any third party without your consent, except when necessary in connection with services provided by appropriate intermediaries (e.g., an external vendor assisting with delivery of a product ordered by a customer), who will be required to comply with the confidentiality provisions of this policy.

WestEd may automatically receive and record information on our server logs from your browser, which may include your IP address, session time, click path analysis, and the pages you request. We will only use this type of data in an aggregate form (meaning information summarized into large groups of users with no personally identifying information) to determine the most popular website features and to help us develop new content and service ideas.

We will never share, sell, or rent individual personal information with anyone without your advance permission, or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information, and to contracted service providers for purposes of providing services relating to our communications with you (for example, in order to fulfill an online purchase through our Site). We reserve the right to disclose any content, records, or electronic communication of any kind (including, but not limited to, personal information or private electronic communication transmitted on the Site): (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary to operate our business; or (iii) to protect the rights or property of WestEd or its users, sponsors, providers, or licensors. We also reserve the right to reject any order or to request additional information from any user.

Upon request, at dsp@wested.org, we will give you a summary of any personal information retained by us regarding you. You may also modify, correct, change, or update your personal records or request that your personal records be removed from our database by emailing us at dsp@wested.org. We will only send personal records to the email address on file for the user name associated with it.

Please be aware that when you are on the Site, you can be directed to other sites that we do not control. These other sites may send their own cookies,* collect data, or solicit personal information. We are not responsible for the privacy practices of third-party sites.

* "Cookies" are text files sent from a site's server and stored by your web browser on your computer's hard drive. Cookies allow sites to personalize and save preferences. Cookies can be used to collect anonymous data and serve the user with specifically targeted ads. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent that. WestEd.org does not use cookies.

If you post information on, or transmit information to other people through, the Site, including without limitation, on message/bulletin boards on the Site, such information will be publicly available and you have no expectation of privacy or confidentiality regarding such information.

Children

This website is intended for use by persons over the age of 13. WestEd does not seek to collect information from children under the age of 13 through the DSP. If you are under 13 years of age, please do not use or access this website at any time or in any manner.

Links to Third-Party Websites

As you view this website, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this website. Certain of these linked websites may make use of WestEd’s proprietary intellectual property rights under license from WestEd. WestEd makes no representations whatsoever about any website that you may access through this website. WestEd is not responsible or liable for the content, advertising, products, services or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by WestEd of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

Disclaimer of Warranty

WESTED DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WESTED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WESTED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEBSITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. WESTED WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WESTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow exclusions or limitations of liability, so the foregoing limitations may not apply to you.

Indemnity

You agree to indemnify, defend and hold WestEd and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with this website; or (iii) your Submitted Materials.

Termination

WestEd, in its sole discretion, may terminate or restrict your use or access to this website (or any part thereof) for any reason, including, without limitation, if WestEd believes you have violated or acted inconsistently with the letter or spirit of these Terms, or any other terms, conditions or rules contained within this website. The provisions of these Terms that by their nature contemplate performance after termination shall survive any such termination.

Jurisdictional Issues

WestEd makes no representation that the content on this website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this website from jurisdictions where the contents of this website are illegal or penalized is prohibited.

General Information

Notices to you regarding these Terms may be made via email. WestEd may also provide notices of changes to these Terms or other matters by displaying notices or links on this website.

By choosing to visit this website or otherwise provide information to WestEd, you agree that any dispute over your use of this website or these Terms will be governed by the laws of the State of California. You also consent to the adjudication of any disputes arising in connection with our website in the state and federal courts of San Francisco County in the State of California.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Please report any violations of these Terms to WestEd by sending an email to dsp@wested.org. If you have any questions or complaints regarding these Terms, please submit your questions or complaints to dsp@wested.org. We will endeavor to respond to you promptly.

Submit a comment, question, or problem to the DSP Support Team.