Terms and Conditions of Use of Website
Your use of this Website is expressly conditioned on your acceptance of these Terms and Conditions of Use. By clicking “Accept” or using this Website, you signify your agreement to these Terms and Conditions of Use. If you do not agree with any part of these Terms and Conditions of Use, do not click “Accept” or use this Website.
Visual Thinking Strategies may revise the information on this Website or otherwise change or update the Website, including these Terms and Conditions of Use, without notice to you. Visual Thinking Strategies may also make improvements and/or changes to the information, products and/or services described on or offered through this Website or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions of Use to see if there have been any changes to our policies that may affect you. Your continued use of this Website will signify your continued agreement to these Terms and Conditions of Use as they may be revised from time to time.
Our Proprietary Rights
Except as otherwise indicated, all content on this Website, including, without limitation, text, graphics, logos, button icons, photographs, images, illustrations, forms, audio, videos, documents, lesson plans, agreements, questionnaires, and software (“the Content”), is the exclusive property of Visual Thinking Strategies or its licensors and is protected by United States and international copyright laws.
Visual Thinking Strategies allows you to view, download, and use the Content on the Website solely for your personal, non-commercial, internal use. Professional educators may download, copy, and distribute the Content to their students for the sole purpose of implementing the Visual Thinking Strategies curriculum in their Early Childhood through 8th Grade classrooms. The compilation of all Content on this Website is the exclusive property of Visual Thinking Strategies and is protected by United States and international copyright laws. Unless specifically authorized in writing by Visual Thinking Strategies, any use of the Content, or of any materials contributed to this Website by entities other than Visual Thinking Strategies, on any other Website or networked computer environment for any purpose is prohibited. Moreover, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or teach to third persons any materials or Content accessible on the Website, except pursuant to the express provisions of the Terms and Conditions of Use or with the prior written, non-electronic consent of Visual Thinking Strategies. If you would like to request a license to use the Content for a purpose or in a manner not permitted under these Terms and Conditions of Use, please contact firstname.lastname@example.org.
Use of the Content or materials on this website for any purpose not expressly permitted by this Agreement is strictly prohibited. Any rights not expressly granted by these Terms andConditions of Use are reserved by Visual Thinking Strategies worldwide. Content and functions, features and services are subject to change or termination without notice in the discretion of Visual Thinking Strategies.
Third-Party Sites, Products and Services
This Website may contain links to other Internet Websites (“Third-party Sites”) that are not operated or maintained by Visual Thinking Strategies. These links are provided for your convenience. Visual Thinking Strategies makes no warranties or representations about the content of, any information, products or services offered by, or the privacy or intellectual property compliance of, such Third-party Sites. Visual Thinking Strategies also recommends that you take the time to read the privacy policies, terms and conditions of use and user agreements of these Third-party sites to make sure that they are acceptable to you.
Password Registration and Usage
Some Visual Thinking Strategies Website functions, features or services may be restricted and may require a username and a password for access. Unauthorized use of or access to such functions, features or services is strictly prohibited.
In accessing or using Visual Thinking Strategies Website functions, features or services requiring a username and password, you agree that:
- Visual Thinking Strategies is entitled to act on instructions received under your username and password.
- Visual Thinking Strategies is not liable for any unauthorized access to your information.
- You will keep your password confidential and you will notify Visual Thinking Strategies immediately if you believe someone else has obtained your username and password or any unauthorized access to any on-line function, feature or service has occurred or may occur.•
- Visual Thinking Strategies may block access to any online function, feature or service without prior notice if we believe your username and password are being used by someone other than you, if any unauthorized access to your information has occurred or may occur, or for any other reason whatsoever.
Disclaimer of Warranty
THIS WEBSITE AND ITS CONTENT AND ALL SITE-RELATED FUNCTIONS, FEATURES OR SERVICES ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THIS WEBSITE, ALL WEBSITE-RELATED FUNCTIONS, FEATURES AND SERVICES, AND FOR YOUR USE OF ANY THIRD PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VISUAL THINKING STRATEGIES OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THIS WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY VISUAL THINKING STRATEGIES.
Limitation of Liability
VISUAL THINKING STRATEGIES AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO OR FROM THIS WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, INJURY TO REPUTATION OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, WEBSITE-RELATED FUNCTIONS, FEATURES OR SERVICES OR ANY PRODUCTS, CONTENT OR INFORMATION CONTAINED ON OR WITHIN OR REFERENCED ON THIS WEBSITE, AND/OR ANY THIRD PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR UNDER ANY OTHER LEGAL THEORY AND WHETHER OR NOT VISUAL THINKING STRATEGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, WEBSITE-RELATED PRODUCTS OR SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THIS WEBSITE AND/OR THOSE FUNCTIONS, FEATURES, PRODUCTS, SERVICES OR THIRD PARTY WEBSITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Jurisdiction, Enforceability, Governing Law, Etc.
Should any provision of these Terms and Conditions of Use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions. These Terms and Conditions of Use shall be governed by and enforced in accordance with the laws of the State of New York, excluding its conflict of laws rules. Any claim or dispute between the parties governed by, subject to, relating to or implicating theses Terms and Conditions of Use shall be settled by binding arbitration conducted by a single arbitrator in New York City, New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Use by Children or Minors
This Website is not intended for children or minors, and children and minors may not use this Website. Please consult with your parents as to Websites that are appropriate for you to use.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at http://www.copyright.gov .
In accordance with the DMCA, Visual Thinking Strategies has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
Agent: Ms. Amy Chase Gulden
Address: Visual Thinking Strategies
25 Broadway, FL 9
New York, NY 10004
Telephone: (718) 302-0232
Fax: (718) 302-0242
Please note: If you materially misrepresent that online material, products, services or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Last updated: September 19, 2016