LAST UPDATED: September 28, 2023
THE TERMS OF USE AGREEMENT
Welcome to the website of Leadership for Educational Equity. This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Leadership for Educational Equity. (“LEE,” “we,” “us,” “our”) and you with respect to your use of our public website www.wearelee.org, email communications, any sub-sites or mobile applications under the LEE brand (collectively, the “Website”), the Program and any Information and services we provide to you (each as defined below) (collectively, the “Services”). Use of the Services constitutes acceptance of this Agreement. If you do not accept this Agreement then you may not use the Service.
We reserve the right at any time, with or without cause, to:
Any change(s) we make to this Agreement will be effective immediately upon our making such change(s) available on the Website or otherwise providing notice thereof. Any changes we make are intended to be prospective only. We will update the “Last Updated” date at the top of this Agreement when we make changes to this Agreement. You agree that your continued use of the Services thereafter constitutes your acceptance of such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
YOU UNDERSTAND THAT BY USING THE WEBSITE, MOBILE APPS OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.
You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at https://educationalequity.org/privacy-policy) and agree to all such terms and conditions.
We are a 501(c)(4) social welfare non-profit organization focused on inspiring a diverse and enduring movement of leaders who share a commitment to ending the injustice of educational inequity and empower them to engage civically and politically within their communities and across the nation to ensure every child has the opportunity to attain an excellent education (our “Mission”). The Services are intended, to be in furtherance of our Mission.
LEE may make activities and offerings available to you in person and through the Website. Those activities and offerings may include, without limitation, LEE membership, registering for and taking any LEE training, applying for employment or internships with LEE, involvement in LEE events, message boards, blogs, public forums, and on-line donations (collectively, the “Program”), as well as any content and information provided on, by or through the Website or as part of or in connection with the Program or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the “Information”). Unless LEE expressly agrees in writing, such Information is provided for your personal use only and not for any for-profit or commercial activities or purpose or for resale. Without the written consent of LEE, no Information or any other LEE materials or property may be copied, reproduced displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.
LEE will allow you to view and print a reasonable number of copies of Information for your own personal use, and not for any for‑profit or commercial purpose or for resale, unless LEE expressly agrees otherwise in writing. Any use granted by LEE is subject to the following: (i) you must retain all Trademark, copyright, and other proprietary notices contained in the original materials, (ii) you must provide attribution to LEE, and where posted on the Website, provide a reference to the Website, (iii) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (iv) any such copies are subject to the terms and conditions of this Agreement and remain the property of LEE, and (v) if LEE approves the sharing of the Information with third parties, you inform those third parties of these restrictions. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party unless LEE expressly agrees in writing, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise LEE promptly of any such unauthorized use(s) of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or Trademarks and other proprietary rights of LEE or others.
Unless LEE expressly agrees otherwise in writing, you agree not to use the Services (or permit others) to take any action(s) that:
Any such improper use of the Services may result in termination of your access to and use of the Services, loss of LEE membership privileges, and may also result in civil and/or criminal liabilities.
Browsing of the Website’s public pages is provided free of charge to any person. However, access to certain functionalities of the Website and the Program, for example, functionalities on Friends of LEE and the member section of the Website, will require you to register with and/or provide certain information, including but not limited to your email address, to LEE. If and when you register with or provide information to LEE, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and promptly update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement, your LEE membership privileges, and your use of the Services. You understand that any information you provide will be treated by LEE in the manner described in our Privacy Policy, which can be found at https://wearelee.org/privacy-policy/.
Account Security
If you register with the Website, you are solely responsible for the security and confidentiality of your password and account and for all use of your account. You will not share your account information or your username and password with any third party or permit any third party to log on to the Services using your account information. You will immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.
As part of your use of the Services, you may participate in certain message boards, blogs or other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any messages, text, photos, information, suggestions, feedback or content provided by you (“User Content”) may be viewed by other LEE members or the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates and licensees, without compensation to you or others, to copy, adapt, reproduce, incorporate, distribute, publicly display or otherwise use your User Content in furtherance of our operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any User Content posted or provided by you. By posting or providing such User Content on the Website or to LEE, you represent to LEE that you own or have the right to use and permit us to use such User Content in the manner stated above. By way of example and not limitation, if you post or otherwise provide a picture of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image and you must be the owner or licensee of the copyright in the photograph. You agree not to post or provide any User Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates and licensees (without compensation to you or others) to reproduce, print, publish, disseminate or otherwise use in any format or media (whether now know or hereafter created) your name, voice and likeness in furtherance of our operations throughout the world, and such permission cannot be revoked for any reason.
You further agree that we may use the User Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any User Content for any reason, and to edit, refuse to post or remove any User Content submitted by you or others. We cannot and do not guarantee that we will post all User Content submitted or that such User Content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any User Content for any reason, we have no obligation to delete User Content that you personally may find objectionable or offensive. We do not control in real time the information posted via the Services and as such do not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any User Content posted on the Services, including any message board, blog or other public forum.
Publicity policy
LEE frequently uses photographs, film, video, and/or biographical information of members in publicity efforts, promotional materials, directories, and other similar projects. Please be advised that LEE may be taking photographs, videos, or audio recordings of attendees at LEE programs, trainings, events, etc. If attendees at a LEE program, training, or event do not wish to have their likeness or voice made public, they must advise the photographer/recorder at the time the picture is being taken or the recording is being made. Attendees at LEE programs, trainings, or events who do not inform the photographer/recorder of their intention not to have their likeness or voice made public, have by their actions and omissions, authorized LEE to publish, perform, and distribute in any format, and use for any purpose their name, image, likeness, voice and affiliation, and any photographs, video footage, or audio recordings taken of them at LEE events. Members may also visit their member profile at www.wearelee.org to change their publicity preferences.
The Website may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services, or publications within the Services do not imply endorsement of, and we are not responsible for and disclaim any endorsement of, any such product, service, or publication. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, Trojan horses, date or time bombs, and other items of a destructive nature.
Notification
If you gave us your email address in connection with your account, then we may send Services notifications to you via email. We may also send you Services notifications by other means (for example, by in-product messages).
If you gave us your mobile phone number in connection with your account, you agree to receive at the provided mobile phone number recurring autodialed SMS (text) messages concerning your relationship with LEE, including, but limited to, account and Services notifications and a SMS message to verify your identity before registering your mobile phone number (the “SMS Program”). Your consent is not required to use LEE’s Services or to interact with LEE. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of LEE’s SMS messages are sent using an autodialer. Data or messaging rates may apply.
If you do not wish to continue participating in the SMS Program or no longer agree to these terms in this Section, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE” to any SMS message from LEE to opt out of the SMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
For support regarding the SMS Program, text “HELP” to 41099 or email Privacy_LEE@wearelee.org. Please note that the use of this email address is not an acceptable method of opting out of the SMS Program.
In order to register for any LEE event, purchase from our online store, or make online donations, you must submit the necessary contact and payment information, which includes or may include, without limitation, your name, billing and shipping addresses, credit card or other payment information and email address. You understand that any such information will be treated by us in the manner described in our Privacy Policy, which can be found here. By providing such information to us by any means (e.g., email, fax, telephone, mail, etc.), you agree that all such information will be accurate, current, and complete and that you have the lawful right to provide such information to LEE for use in processing your orders or receiving your donations via the Website.
In order to purchase products or make on-line donations, you must be 18 years of age or older. By using the Service’s payment methods (e.g., VISA, Mastercard, PayPal, gift card, etc.), you confirm that you possess the legal authority to enter into the conditions of use for the Services, including without limitation, instructing us or our authorized vendors to collect any payments from a credit or debit card, and to use the Services in accordance with this Agreement. We may suspend or cancel the Services if we do not receive an on-time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your Membership and your User Content.
Only certain forms of payment may be accepted, and these forms are subject to change at any time. We use a third-party payment provider for processing payment transactions. The third-party payment provider may impose insufficient funds, charges or other fees. We are not responsible for your interactions with third-party payment providers or for any terms, charges or fees they may impose. When you use any of the Services that require payment, a temporary pre-authorization hold may be placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total for your transaction.
You agree that you are responsible for all charges incurred by your use of the Services and you expressly authorize us or our authorized vendors to charge the credit card (or other applicable payment mechanism) provided by you for any outstanding fees or costs due to us or any donations submitted online via the Website. You will also be responsible for paying any applicable taxes relating to your purchases. In the event legal action is necessary to collect balances due, you agree to reimburse LEE and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
E-Commerce
If you purchase products from our online store, you may only purchase products for personal, non-commercial use and we will deliver only to an address located in the United States. We may fulfill or refuse to fulfill any order made by any user, including but not limited to any order that we reasonably suspect to be for onward sale. In the event we have charged you and then we refuse fulfillment, we will communicate to you the reason for the refusal and issue an applicable refund.
Details of the products available for purchase are set out on the Website. All features, content, specifications, products and prices described or depicted are subject to change at any time without notice. Certain weights, measures, and similar descriptions, if any are provided, are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make reasonable efforts to accurately display the attributes of our products, including the applicable prices and colors; however, the actual color you see will depend on how accurately your computer displays such colors. The inclusion of any products at a particular time does not imply or warrant that these products will be available at any time. Occasionally, the manufacture or distribution of a certain product may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Products you order will be shipped by our third-party carrier to an address you designate, as long as that shipping address is compliant with the shipping restrictions contained in this Agreement and the Website, and shipping charges may apply. Risk of loss and title for items purchased from this Service pass to you upon delivery of the items to the carrier. LEE does not guarantee any particular delivery date and is not responsible for any delays.
You may return or exchange a product purchased from this Service in the event that the product is defective or for any reason within 30 days. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. In the event that the return or exchange is due to an incorrect order or faulty product, LEE will be responsible for the shipping costs associated with such return. In all other cases, you will be responsible for the return. LEE will only accept returned or exchanged products or services that comply with the following:
We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes to information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Prices stated for products exclude all applicable taxes unless stated otherwise. Transaction totals with a tax line item may reflect an estimated tax amount. The actual tax amount is calculated based on your shipping location for a single purchase and many vary from the estimated tax. You are solely responsible for paying all taxes.
Gift Cards
We may provide the option to purchase gift cards from third party suppliers (“Gift Cards”). Your purchase of Gift Cards will require you to use our third-party payment provider and may be subject to a third-party provider’s terms and conditions (“Gift Card Terms”). You understand and agree that we are not a party to the Gift Card Terms and are not responsible for and have no liability related to the Gift Cards or Gift Card Terms, even though the Gift Cards are made available to you through the Website. Your purchase of the Gift Cards is at your own risk. We encourage you to review and understand applicable Gift Card Terms.
The risk of loss and title for Gift Cards passes to you upon our electronic transmission of the Gift Card to you or the designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Gift Card balance or any Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. We are not responsible for, and assume no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
We reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate your membership, or suspend or terminate the ability to use our Services if we suspect that a Gift Card is obtained or used fraudulently, unlawfully, or otherwise in violation of this Agreement.
On-Line Donations
Our Service may include facilitating donations to third-party organizations. All information and content provided related to on-line donations is for informational purposes only, and we do not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any on-line donations, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that on-line donations made through our Website are at your own risk. We expressly disclaim any liability or responsibility for the outcome or success of any on-line donations. You must make the final determination as to the value and appropriateness of contributing an on-line donation. When you make a donation through the Website, it is your responsibility to understand how your money will be used and to check the applicable content regularly for any updates. It is your responsibility to determine what, if any, taxes apply to the donations you give through your use of the Services.
Transactional Partners
We may promote the services of third parties (“Partners”) within the Service. In cases where you use Partner services, you are transacting directly with the Partner. When using these Partner services, you are bound by the Partner’s terms of service in addition to remaining bound by this Agreement. If there is a conflict between this Agreement and a Partner’s terms of service, the Partner’s terms of service will prevail with respect to the Partner’s services. We do not license any intellectual property to you as part of any Partner’s services and are not responsible or liable to you or others for information or services provided by any Partner. Descriptions or images of, or references to, products or services of our Partners do not imply our approval or endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any product or service, to cancel or limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you for any or no reason. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
The Services are owned and operated by LEE and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of LEE and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. LEE grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services. The Services may only be used for the intended purpose for which we make them available. We and our licensors reserve all rights to the Services not expressly granted, whether by implication, estoppel, or otherwise. Except as set forth in this Agreement or expressly agreed to in writing by LEE, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without our prior written consent. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by LEE or, if so, indicated in writing by LEE, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.
The trademarks, logos, and service marks displayed on the Services (collectively, the “Trademarks”) are the registered and unregistered trademarks of LEE, LEE licensors and suppliers, and/or others. Nothing contained in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of LEE, LEE licensors or suppliers, or the third‑party owner of any such Trademark.
You hereby affirm that you are at least 13 years of age, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under 18 years of age, you further affirm that you either: (i) are an emancipated minor, or (ii) possess legal parental or guardian consent.
LEE does not knowingly solicit data from children or knowingly market to children. We are concerned about the safety of children and their use of the Internet and, in accordance with the U.S. Children’s Online Privacy Protection Act, we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable legal parental or guardian consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable legal parental or guardian consent, we will delete that information from the Services as quickly as reasonably practical.
LEE wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise.org (http://www.getnetwise.org/).
This Agreement is effective from the date that you first access the Services or submit any information to LEE, whichever is earlier, and shall remain effective until terminated in accordance with its terms. LEE may immediately suspend or terminate this Agreement, and/or your membership or access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Your license rights herein will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of Information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability, all LEE rights of ownership, your indemnification obligations and all terms that by their context ought to survive this Agreement shall survive any termination.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate LEE to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.
THE SERVICES, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND WEBSITE, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SERVICES, OR YOUR USE OF THE SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICES, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND/OR WEBSITE AND INFORMATION AND YOUR RELIANCE THEREON.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER LEE NOR ANY OF ITS AFFILIATES, LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, LOST PROFITS, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY DIMINUTION IN VALUE, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICES, INFORMATION, WEBSITE, ANY LINKED WEBSITE AND/OR ANY MERCHANDISE PURCHASED THROUGH THE LEE STORE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SERVICES, THE INFORMATION, WEBSITE, OR ANY LINKED WEBSITE IS TO STOP USING THE SERVICES, WEBSITE, OR LINKED WEBSITE, AS APPLICABLE. LEE’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICES, INFORMATION AND/OR WEBSITE, SHALL BE THE TOTAL OUT-OF-POCKET AMOUNT ACTUALLY PAID TO LEE BY YOU FOR USE OF THE WEBSITE, INFORMATION, AND/OR WEBSITE.
You agree to fully indemnify, defend, and hold LEE, our affiliates, licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Services or other websites to which the Website is linked; and/or (d) your fraud, willful misconduct or gross negligence.
Release
In the event that you have a dispute with one or more users of the Services, you release LEE (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Force Majeure
Neither LEE nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; pandemics; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers
The Services are managed in the State of New York, United States of America, and the Services are solely directed to individuals residing in the United States. LEE makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Services are appropriate or available for use in other locations. Accessing the Services from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited. If you choose to access the Services from locations other than the United States, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
The Digital Millennium Copyright Act (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 hosted by LEE infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LEE to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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; and (f) 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. 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 the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:
By Mail:
Copyright Designated Agent Christine Green, Esq.
General Counsel
Leadership for Educational Equity
25 Broadway, 13th Floor
New York, New York 10004
By Email:
Privacy_LEE@wearelee.org
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
This Agreement is governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any New York State or Federal court located in the borough of Manhattan of the City of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by LEE as provided herein or otherwise by written instrument signed by LEE. This Agreement or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by you except with LEE’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. LEE may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Apple Disclaimer
The following applies to any part of the Services you acquire from an electronic store branded, owned, or controlled by Apple or any affiliate of Apple (“App Store-Sourced Software”):
You acknowledge and agree that this Agreement is solely between you and LEE, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to LEE as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to LEE as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and LEE acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof. You must comply with applicable third-party terms of agreement when using the App Store-Sourced Software. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. LEE’s contact information for any questions, complaints or claims with respect to the App Store-Sourced Software is (202) 734-3716.
If you have any questions, comments or complaints about this Agreement or our Services, please contact us:
Email: Privacy@wearelee.org
Phone: (202) 734-3716
Address: 25 Broadway, 13th Floor, New York, NY 10004
(202) 734-3716
25 Broadway, 13th Floor
New York, NY 10004