DEPARTMENT OF EARLY CHILDHOOD'S FOCUS ON EARLY LEARNING
WEBSITE TERMS AND CONDITIONS

Date of Last Revision: November 8, 2018

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

These terms and conditions of use (“Site Terms”) apply to your access to, and use of, the Web site of the Department of Early Childhood's Focus on Early Learning (“Focus on Early Learning,” “we,” “us” or “our”), located at www.bpsearlylearning.org, and any other Focus on Early Learning websites, mobile applications, social media platforms, or other online products and services that link to this Privacy Policy (collectively the “Sites”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with the Department of Early Childhood, or its subsidiaries or affiliates, for products, services or otherwise.

To the full extent permitted by applicable law, the Department of Early Childhood reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion by providing notice the Site Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Sites, by posting the revised Site Terms on the Sites and revising the date at the top of these Site Terms, or by such other form of notice as determined by the Department of Early Childhood. Your continued use of any of the Sites following the posting of the revised Site Terms or other notice of such changes will constitute your acceptance of such changes or modifications.

1. Privacy Policy

Please refer to our Privacy Policy for information on how the Department of Early Childhood collects, uses and discloses personally identifiable information from its users.

2. Copyright and Limited License

Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the Department of Early Childhood logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of the Department of Early Childhood or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of the Department of Early Childhood, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

3. Trademarks

THE DEPARTMENT OF EARLY CHILDHOOD'S FOCUS ON EARLY LEARNING, the Department of Early Childhood's logos and any other Department of Early Childhood's Focus on Early Learning service name or slogan contained in the Sites are trademarks of the Department of Early Childhood, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Department of Early Childhood or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Department of Early Childhood,” "Focus on Early Learning" or any other name, trademark or product or service name of the Department of Early Childhood without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Department of Early Childhood and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

4. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray the Department of Early Childhood or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Department of Early Childhood logo or other proprietary graphic of the Department of Early Childhood to link to this Sites without the express written permission of the Department of Early Childhood. Further, you may not use, frame, or utilize framing techniques to enclose any Department of Early Childhood trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without the Department of Early Childhood's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Department of Early Childhood or any third party.

The Department of Early Childhood makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Websites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of the Department of Early Childhood and the Department of Early Childhood is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Department of Early Childhood provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Department of Early Childhood of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

5. Third Party Content

The Department of Early Childhood may provide third party content on the Sites and may provide links to Webpages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The Department of Early Childhood does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Department of Early Childhood is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

6. Advertisements and Promotions; Third-Party Products and Services

The Department of Early Childhood may provide information about or links to third-party information, products or services on the Sites. The Department of Early Childhood does not endorse or make any representations or warranties regarding any third party information, products, services, promotions or vendors. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The Department of Early Childhood is not responsible or liable in any manner for any third party information, products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non-Department of Early Childhood advertisers or third party information on the Sites.

7. Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Department of Early Childhood or the Sites that are provided by you in the form of email or other submissions to the Department of Early Childhood, or any postings on the Sites, are non-confidential and shall become the sole property of the Department of Early Childhood. The Department of Early Childhood shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE DEPARTMENT OF EARLY CHILDHOOD, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND ANY SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DEPARTMENT OF EARLY CHILDHOOD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. THE DEPARTMENT OF EARLY CHILDHOOD DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

WHILE THE DEPARTMENT OF EARLY CHILDHOOD ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, THE DEPARTMENT OF EARLY CHILDHOOD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

The Department of Early Childhood reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or any Services offered through the Sites or any features or functionality of the Sites or the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Department of Early Childhood.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE DEPARTMENT OF EARLY CHILDHOOD, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE DEPARTMENT OF EARLY CHILDHOOD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE DEPARTMENT OF EARLY CHILDHOOD'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DEPARTMENT OF EARLY CHILDHOOD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE DEPARTMENT OF EARLY CHILDHOOD FOR ACCESS TO OR USE OF THE SITES.

10. Applicable Law and Venue

These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of Massachusetts, applicable to agreements made and to be entirely performed within Massachusetts, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Massachusetts and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

11. Termination

Notwithstanding any of these Site Terms, the Department of Early Childhood reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.

12. Severability

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

13. Questions & Contact Information

Questions or comments about the Sites may be directed to the Department of Early Childhood at earlylearning@bostonpublicschools.org