Terms & Conditions

TERMS OF SERVICE

OVERVIEW

This website is operated by The NEXT Steps Youth Entrepreneur Program. Throughout the site, the terms “we”, “us” and “our” refer to The NEXT Steps Youth Entrepreneur Program. The NEXT Steps Youth Entrepreneur Program offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The NEXT Steps Youth Entrepreneur Program, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless The NEXT Steps Youth Entrepreneur Program and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1830-B Briarcliff Circle NE Atlanta Georgia United States 30329.

SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@nextstepsyep.org.

————————————–“

and

Privacy Policies & Disclaimers

[vc_row css=”.vc_custom_1562967298284{margin-top: 150px !important;}”][vc_column][vc_column_text]

Privacy Policies & Disclaimers
Online Policies, Disclaimers & Agreements
Select a tab below to review the contents of each privacy policy

[/vc_column_text][vc_column_text css=”.vc_custom_1649950917398{border-right-width: 30px !important;border-left-width: 30px !important;padding-top: 20px !important;}”]

NOTICE: Last updated in April 2022

[/vc_column_text][vc_btn title=”Contact Us” color=”warning” align=”center” link=”url:https%3A%2F%2Fnextstepsyep.org%2Fcontact-us-2%2F|title:Contact%20Us||” css=”.vc_custom_1563892653928{margin-top: 30px !important;}”][vc_empty_space height=”30px”][/vc_column][/vc_row][vc_row css=”.vc_custom_1553186315317{margin-top: 30px !important;margin-right: 60px !important;margin-left: 60px !important;}”][vc_column][vc_tta_tour color=”orange” active_section=”1″ no_fill_content_area=”true”][vc_tta_section title=”End User License Agreement” tab_id=”1563892909399-686a9a58-df0c”][vc_column_text css=”.vc_custom_1649950937151{margin-top: 15px !important;}”]NEXT STEPS SMALL BUSINESS INCUBATOR PUBLISHING COMPANY

End User License Agreement (“License Agreement”)

BY COMPLETING THE ACTIVATION PROCESS OF THE COMMUNITY ON DEMAND LEARNING MANAGEMENT SYSTEM (THE “PROGRAM”) (OR ANY PART THEREOF, AS SUCH TERM IS DEFINED HEREIN) AND BY CLICKING THE “I ACCEPT THESE TERMS AND CONDITIONS” BUTTON BELOW, OR WHEN YOU OR YOUR AGENT FIRST DOWNLOADS, INSTALLS OR USES THE PROGRAM ACCOMPANYING THIS LICENSE AGREEMENT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS COMPUTER SOFTWARE, INCLUDING ANY THIRD-PARTY SOFTWARE AS INCORPORATED THEREIN ONLY, AND THE ACCOMPANYING DOCUMENTATION AND OTHER COMPONENTS (E.G., ADDITIONAL MEDIA (AS DEFINED IN SECTION 4)) (COLLECTIVELY, THE “PROGRAM”) IS SUBJECT TO COPYRIGHT AND OTHER PROTECTIONS, AND IS OWNED BY THE NEXT STEPS SMALL BUSINESS INCUBATOR PUBLISHING COMPANY OR ITS AFFILIATES (COLLECTIVELY, “NSSBI”).

YOU UNDERSTAND AND AGREE THAT YOU (OR YOUR AGENT) ARE ACTING ON BEHALF OF THE ENTITY IDENTIFIED ON THE PURCHASE ORDER FOR THE SOFTWARE (AS DEFINED IN SECTION 1 BELOW) SUBMITTED TO, AND ACCEPTED BY NSSBI (THE “PURCHASE ORDER”) (OR, IF THERE IS NO PURCHASE ORDER, THE ENTITY PURCHASING THE LICENSES FOR SUCH SOFTWARE), TO ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THAT ENTITY SHALL BE CONSIDERED THE “LICENSEE” AS THAT TERM IS USED IN THIS LICENSE AGREEMENT.

YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND THE LICENSEE TO THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING OR ABLE TO BIND THE LICENSEE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE PROGRAM AND SHOULD PROMPTLY EXIT THIS PROGRAM BY CLICKING THE “I DO NOT ACCEPT THESE TERMS AND CONDITIONS” BUTTON BELOW. TOGETHER WITH THE PURCHASE ORDER AND ANY OTHER AGREEMENT(S) EXECUTED BY AUTHORIZED REPRESENTATIVES OF THE PARTIES RELATING TO THE PROGRAM, THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN THE LICENSEE AND NSSBI, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. NOTWITHSTANDING THE FOREGOING, THIS LICENSE AGREEMENT SHALL GOVERN THE SPECIFIC POINT RELEASE OF THE PROGRAM, ADDITIONAL MEDIA AND SOFTWARE THAT WAS DOWNLOADED, INSTALLED OR OTHERWISE RECEIVED BY LICENSEE ALONG WITH THIS LICENSE AGREEMENT, AND SHALL SUPERSEDE ALL PREVIOUS LICENSE AGREEMENTS ACCEPTED BY LICENSEE FOR PREVIOUS POINT RELEASE UPGRADES OF THE PROGRAM AND SOFTWARE.

License Grant. This License Agreement applies to all NSSBI Education software and programming content, including without limitation, the Community On Demand™ Learning Management System which includes the Community On Demand™ Card Deck, Community On Demand™ Skills Self-Assessment Worksheets (Single & Multiple Players), Community On Demand™ Game Board; The Money Guide for Young Entrepreneurs Activity Workbook & Online Course Series which the Digital Badge & Skillcoin Rewards Micro-Certification System; and affiliate programs and services that include the NEXT Steps Online Training Academy Learning Management System Platform, Community On Demand™ Digital Media Network, STEM Direct Youth Chamber of Commerce, Junior Executive Management (JEM) Teams, Gamers & Mixers Esports League & Career Fairs and Community On Demand™ Play Dates, and each of their respective components and elements including teachers and pupil editions, training guides and materials, digital images and software integrations (each, to the extent licensed by Licensee under this License Agreement, collectively and individually, “Software”).
1. For NSSBI-hosted Software licensed on a perpetual basis: NSSBI hereby grants to Licensee, and Licensee accepts, a limited, perpetual (subject to the last sentence of Section 10 and NSSBI’s termination rights under this License Agreement), nonexclusive, internal-use only, non-transferable, non-assignable, non-sublicensable license to the version of the Software licensed hereunder (where each new version is denoted by a change to the left of the first decimal point (e.g., v6.0 to v7.0)) in machine-readable, object code form only, and any accompanying user documentation (“User Documentation”), solely:
  1. via a seat license hosted by NSSBI for Licensee as part of the NSSBI Hosting Services, to allow access to the Software only by the number of licensed seats indicated on the Purchase Order or otherwise.
2. For NSSBI-hosted Software licensed on a subscription basis:
  1. if licensed to be hosted by NSSBI for Licensee as part of NSSBI Hosting Services, NSSBI hereby grants to Licensee, and Licensee accepts, a limited, nonexclusive, internal use only, non-transferable, non-assignable, non-sublicensable license to use the Software and any associated User Documentation for the period of time for which Licensee maintains and pays a subscription fee for such license as indicated on the Purchase Order or otherwise (the “Subscription License Term”), solely:
    1. for the number of seats or sites specified on the Purchase Order provided that subscription fees are paid annually or on another basis.
  2. For NSSBI-hosted Software licensed on a subscription basis:
    1. if licensed to be hosted by NSSBI for Licensee as part of NSSBI Hosting Services, NSSBI hereby grants to Licensee, and Licensee accepts, a limited, nonexclusive, internal use only, non-transferable, non-assignable, non-sublicensable license to use the Software and any associated User Documentation for the period of time for which Licensee maintains and pays a subscription fee for such license as indicated on the Purchase Order or otherwise (the “Subscription License Term”), solely
      1. for the version of the Software licensed hereunder (where each new version is denoted by a change to the left of the first decimal point (e.g., v6.0 to v7.0), and
      2. for the number of seats or sites specified on the Purchase Order provided that subscription fees are paid annually or on another basis.
    2. Licensee acknowledges and agrees that
      1. certain Software may be designed to be hosted by NSSBI as part of the NSSBI Hosting Services or have demanding technical and hardware requirements to fully function, and
      2. certain features or functionalities of Software may not function or be available to Licensee or may require Licensee to augment its systems (e.g., by adding or upgrading hardware) in order to use such features or functionalities.

NSSBI shall not have any liability for the unavailability or improper functioning of any features or functionalities of such Software.

Licensee agrees that with respect to Software specified on the Purchase Order or other ordering document as licensed on an “Unlimited School Site License” basis, whether licensed perpetually or on a subscription basis, the license granted to Licensee with respect to such Software shall be to use the Software only in a single school, group, nonprofit organization, educational institution or business entity and solely for the students enrolled at such school, group, nonprofit organization, educational institution or business entity, but the number of sites comprising such school, group, nonprofit organization, educational institution or business entity in which the Software may be used shall be unlimited. NSSBI and Licensee acknowledge that
1. a “school” means a school entity identified and reported by each State Department of Education, and that a single school may be located in one or more buildings (sites); and
  1. although multiple schools may be located in a single building (site), the Unlimited School Site License only extends to the school(s) for which Licensee has the Unlimited School Site License, and the other schools within the same building (site) shall not have the right to use such Software under such Unlimited School Site License.
2. a “group” means a set of people who have the same interests or aims, and who organize themselves to work or act together to achieve singular missions and goals.

a “nonprofit organization” means a business that has been granted tax-exempt status by the Internal Revenue Service (IRS) because it furthers a social cause and provides a public benefit.

an “educational institution” means a public or private institution and includes an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional, secretarial, technical, or vocational school; or agent of an educational institution.
a “business entity/vendor” means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of a US State or any other state or foreign jurisdiction

NSSBI reserves all rights not expressly granted herein. Licensee understands and agrees that the version of the Software licensed hereunder is intended for use in connection with the technology and platforms it was designed for, as further designated and will be explained at http://www.nextstepsyep.org/product-support/, and that support for such version may be discontinued in accordance with NSSBI’s end of life plan, which will be located at http://www.nextstepsyep.org/product-support/, and which is incorporated herein by reference.
Licensee further understands that NSSBI Hosting Services for the Software includes technical support; whereas NSSBI will be responsible for maintaining updates to the Software (i.e., those updates that are denoted by a change to the right of the first decimal point (e.g., v6.1 to v6.2).

Group Management Page. All Software access for the Licensee is managed by the Group Management Page (“GMP”) as provided by NSSBI. GMP can be used to measure usage, student progress, generate reports from analysis of use and Licensee data, and manage access to the Software. SAM may be used by NSSBI to prohibit the Software from being used beyond the scope of license in this License Agreement, monitor usage and perform other analytical services through remote access, and change or disable access to the Software. Licensee hereby consents to such uses of GMP by NSSBI and the incorporation of such mechanisms and hereby waives and releases NSSBI from and against any and all claims, actions, causes of action, damages and judgments that may accrue or arise in connection therewith. Licensee shall not tamper or interfere with the GMP Software in any way.

NEXT Steps Online Training Academy. NSSBI’s NEXT Steps Online Training Academy “NSOTA” is a suite of Web-based software utilities that is provided as part of the GMP Software. Licensee will have the right to use NSOTA and may be able to use NSOTA to activate certain additional Software features that have been installed with the version of Software licensed hereunder, but which may not be automatically activated upon installation. Among other features, NSOTA:
1. enables NSSBI to aid Licensee’s management of student and educational data and enables NSSBI to provide various analytic and reporting services to Licensee with respect thereto, by connecting certain of Licensee’s local systems and servers with NSSBI’s NSOTA server, or by otherwise permitting remote access by NSSBI to Licensee’s local systems, such that NSSBI may directly access, extract, derive, obtain and transmit back and forth Licensee’s data, from or through Licensee’s systems and networks;
2. allows Licensee to manage GMP licenses between and among schools, groups, nonprofit organizations, educational institutions or business entities and servers within Licensee’s school district or group, nonprofit organization, educational institution or business entity’s designated and agreed upon territory;
3. allows NSSBI to manage GMP licenses for Licensee;
4. allows Licensee to schedule and install Software updates and new releases; and
5. allows NSSBI to perform various additional services involving, and provide additional functionality that may affect, Licensee’s data, to better improve Licensee’s experience with and use of the Software and services, and for various other purposes.

Additional Media; Audio Books; eBooks. The terms of this Section, in addition to the other terms of this License Agreement, govern the Licensee’s use of the Community On Demand™ Learning Management System which includes the Community On Demand™ Card Deck, Community On Demand™ Skills Self-Assessment Worksheets (Single & Multiple Players), Community On Demand™ Game Board; The Money Guide for Young Entrepreneurs Activity Workbook & Online Course Series which the Digital Badge & Skillcoin Rewards Micro-Certification System; and affiliate programs and services that include the NEXT Steps Online Training Academy Learning Management System Platform, Community On Demand™ Digital Media Network, STEM Direct Youth Chamber of Commerce, Junior Executive Management (JEM) Teams, Gamers & Mixers Esports League & Career Fairs and Community On Demand™ Play Dates, eBooks and Mobile Apps. In addition to the license grants provided in this License Agreement above, NSSBI grants to Licensee, and Licensee accepts a non-exclusive license to use the set of audio/visual content and data )” (collectively referred to as “Additional Media”) that include content created for the Community On Demand™ Digital Media Network. Such license will be of the same scope and subject to the same limitations as the applicable perpetual or subscription license granted pursuant to Sections 1(a) or (b) and subject the following sentences of this Section. Licensee may make one backup copy of the Additional Media for its internal, personal use only. In addition, the Additional Media may be copied to the hard drive of a student workstation or to a media server or CD-ROM emulator system in order to be accessed by licensed users as appropriate. Licensee acknowledges that Additional Media may only be used in accordance with the scope of the license purchased. Licensee may download five (5) copies per class of the audio books available through the GMP. Activity Worksheets, eBooks and and other downloadable learning tools may be utilized by students who have licenses to such Software. Community On Demand™ and Money Guide for Young Entrepreneurs eBooks, online courses, instructional and promotional videos may not be printed or duplicated in any manner.

Mobile Apps. Licensee acknowledges that Licensee’s employees or users may have the ability to access some or all of the Software on mobile devices through applications specifically designed by NSSBI for distribution to such mobile devices. Licensee further acknowledges that prior to accessing Software through such an application, users may be required to agree to the terms of an agreement, license or terms of use associated with the use of any NSSBI-provided mobile device-based application (the “Mobile App Agreement”). Licensee agrees to accept all responsibility for violations of the terms of such Mobile App Agreements by Licensee’s users and employees.

FERPA; Applicable Laws. The Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232(g)) and the regulations thereunder (34 CFR Part 99) (collectively, “FERPA”), as well as other laws, rules and regulations, as each may be amended from time to time (collectively, including FERPA, “Applicable Privacy Laws”), impose obligations and restrictions onto “educational institutions or agencies” and other persons (such as Licensee), including, without limitation, with respect to the handling and disclosure of personally identifiable information contained in the educational records Licensee maintains regarding its students and with respect to the online collection of personal information from individuals under the age of thirteen. With respect to any data that may be accessed, obtained, received, extracted or otherwise used by NSSBI (or which may be disclosed in any manner to NSSBI by or on behalf of Licensee), in individualized or aggregate form, in connection with Licensee’s use of the Program, in whole or in part, pursuant to this License Agreement, as well as in connection with any services provided by NSSBI in connection with the Program (collectively, “Licensee Data”), Licensee hereby:
1. (1) agrees to provide to NSSBI, or otherwise permit NSSBI to receive, Licensee Data, for NSSBI’s use in accordance with its Privacy Policy, which will also be available at https://nextstepsyep.org/privacy-policy/, in compliance with Applicable Privacy Laws and any applicable privacy policy;
2. (2) without limiting the generality of the foregoing, represents and warrants that solely Licensee is responsible for obtaining, and Licensee hereby represents and warrants to NSSBI that it has obtained, prior to such provision to or receipt by NSSBI, all necessary rights and permissions to provide the Licensee Data to NSSBI (and for NSSBI to use such Licensee Data) for the purposes of providing the Program and for any other purpose agreed to in writing by the parties from time to time, including, without limitation, NSSBI’s use of Licensee Data in accordance with its Privacy Policy, which will also be available at www.https://nextstepsyep.org/privacy-policy;
3. (3) represents that it will fully comply with all applicable laws, rules and regulations, including, without limitation, Applicable Privacy Laws, in connection with its use of the Program;
4. (4) acknowledges and agrees that NSSBI can rely, is relying and will continue to rely on Licensee’s full compliance with the applicable obligations imposed by Applicable Privacy Laws;
5. (5) acknowledges and agrees that solely Licensee is responsible for responding to any request from a parent or legal guardian of an end user of the Program for access to, or other action with respect to, such end user’s personal information; and
6. (6) expressly waives and releases NSSBI from and against any and all claims, actions, damages and liability arising in connection with Licensee’s provision of Licensee Data to NSSBI (and any required consents in connection therewith) and NSSBI’s receipt and use of Licensee Data on behalf of Licensee. To the extent that the document at the links to the Privacy Policy in this Agreement is different from the Privacy Policy applicable to Program located at https://nextstepsyep.org/privacy-policy/, the policy at https://nextstepsyep.org/privacy-policy/ shall govern.

Restrictions. Licensee may make only one copy of the User Documentation for backup purposes. Any such copies of the Software, Program or the User Documentation shall include NSSBI’s copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by Licensee or any person under Licensee’s authority or control. Licensee agrees that it will not
1. (i) modify, translate, adapt, create derivative works from or decompile the Software, Program or the User Documentation, or any portion thereof, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code supplied hereunder,
2. (ii) rent, lease, loan, sell, transfer, publish, display, distribute, disclose or make the Software, Program or the User Documentation available to third parties or use the Software, or any portion thereof, in a service bureau, time-sharing or outsourcing service or otherwise use the Software, Program or the User Documentation for the benefit of third parties (other than enrolled students),
3. (iii) remove or alter any proprietary rights notices on the Software, Program or the User Documentation,
4. (iv) export, import or re-export the Software, Program or the User Documentation in violation of any applicable law, rule or regulation of any jurisdiction, or
5. (v) disclose, without NSSBI’s prior written approval, the Software, Program or the User Documentation or any code, information or materials contained or related to the Software, Program or the User Documentation, license keys, analysis or performance information, results of Software performance benchmarks or documentation to any entity (except to Licensee’s employees having a need to know for purposes of authorized use hereunder and who are informed in writing of the obligations of this section) or use any of the foregoing other than as expressly authorized hereunder. Licensee shall notify NSSBI immediately of any actual or imminent unauthorized access to, or use or disclosure of, any of the foregoing. Licensee recognizes that the unauthorized use or disclosure of any of the foregoing will give rise to irreparable injury to NSSBI or its licensors or affiliates for which monetary damages may be an inadequate remedy; and Licensee agrees that NSSBI or its licensors or affiliates may seek and obtain injunctive relief against the breach or threatened breach of Licensee’s obligations hereunder, in addition to any other legal and equitable remedies which may be available.

Passwords. Licensee agrees to accept all responsibility for all activities that occur under Licensee’s or Licensee’s employee’s or other user’s (including, without limitation, student’s) user name or password (which may be provided to Licensee by NSSBI in connection with a specific Software program hereunder, including, for example, NSOTA). Licensee agrees not to sell, transfer or assign its account or allow others to use it. Licensee agrees to immediately notify NSSBI of any unauthorized use of any password or account assigned to Licensee or any other breach of security or confidentiality thereof, and in such event NSSBI shall have the right, without limitation of any other rights under this License Agreement, at law or in equity, to terminate any such account or this License Agreement in its entirety.

Ownership Rights. Licensee acknowledges and agrees that the Software, Program or the User Documentation, including, but not limited to, any images, photographs, animations, video, audio, music, and text and other User Documentation are proprietary products of NSSBI, its licensors and/or the author(s) protected under United States copyright laws and international treaty provisions. Licensee further acknowledges and agrees that all right, title, and interest in and to the Program, including all rights to patents, copyrights, trademarks, trade secrets and any other intellectual property and proprietary rights, are and shall remain with NSSBI, its licensors and/or the author(s). Licensee acknowledges and agrees that this License Agreement does not convey to Licensee any title or interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement. Licensee further agrees that it will protect the foregoing to at least the same extent as Licensee protects confidential information owned by Licensee.

Term.
1. With respect to the Software on a subscription basis, this License Agreement shall be effective upon the commencement of the Subscription License Term for such Software (provided that, if no such commencement date is specified in the Purchase Order or other purchase agreement between the parties, the Subscription License Term shall be deemed to commence on earliest date on which the applicable Software is first downloaded, installed, accessed or used by Licensee) and continue until the end of the applicable Subscription License Term and, subject to Licensee’s timely payment of the applicable subscription fees therefor, any renewals thereof, unless it is terminated prior to the end of the then-current Subscription License Term or renewal thereof with respect to such Software in accordance with the terms of this License Agreement. Notwithstanding the foregoing, if by end of the Subscription License Term for a given Software (the “End Date”) Licensee has not renewed the Subscription License Term of such Software, the Subscription License Term of such Software shall automatically be extended for a sixty (60) day grace period (the “Grace Period”). If, by the end of the Grace Period, Licensee has not renewed the Subscription License Term for such Software, Licensee’s license to such Software shall terminate as of the end of the Grace Period. If, prior to the end of the Grace Period, Licensee renews the Subscription License Term of such Software, the Subscription License Term of such Software will be deemed to have been renewed for the applicable renewal Subscription License Term as of the End Date.
2. Unless otherwise specified on the Purchase Order or other purchase agreement between the parties, with respect to Software licensed as a perpetual license, this License Agreement shall be effective upon the earliest date on which the Software is first downloaded, installed, accessed or used by Licensee and shall continue in perpetuity with respect to such Software unless and until this License Agreement is terminated with respect to such Software.
3. Licensee may terminate this License Agreement with respect to given Software at any time by returning the applicable Program (including the Software) and all copies thereof and extracts therefrom to NSSBI. Upon the breach by Licensee of any term hereof with respect to a given Software, NSSBI shall have the right to terminate this License Agreement with respect to such Software. NSSBI shall also have the right to terminate this License Agreement with respect to a given Software in the event of the termination of a third party license to code that is included in the Software, provided that, in the event of any such termination of this License Agreement with respect to such Software, NSSBI shall refund the license fees paid by Licensee hereunder with respect to such Software on a pro rata basis depending on either
  1. with respect to Software licensed on a subscription basis, the portion of the Subscription License Term that has passed as of the date of termination of this License Agreement, or
  2. with respect to Software licensed on a perpetual basis, the unamortized portion of the perpetual license fee for such Software as of the date of termination of this License Agreement based on a five (5)-year straight-line amortization schedule beginning on the date on which such license became effective. Upon such termination by NSSBI, Licensee agrees to return to NSSBI the Program and all copies and portions thereof. This License Agreement may be modified or updated by NSSBI. Notwithstanding anything to the contrary in this License Agreement, upon the termination of this License Agreement with respect to a given Software, the license granted under this License Agreement to such Software, whether perpetual or subscription, shall terminate.

Limited Warranty. NSSBI warrants, for a period of ninety (90) days from the date of commencement of this License Agreement (referred to as the “Warranty Period”), that the Software is free from defects in material and workmanship. If during the Warranty Period, a defect in the Software appears, Licensee may discontinue the Program and for either a replacement course or, if so elected by NSSBI, refund of amounts paid by Licensee under this License Agreement. Any replacement Software will be under warranty for the remainder of the original Warranty Period or 30 days, whichever is longer. As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind. In no event shall the warranty herein apply:
1. to Software that has been modified from its standard form as provided by NSSBI or that is not up to date with all updates, enhancements and new releases/new versions released by NSSBI, or
2. to difficulties or defects that are not reproducible or that are due to Licensee’s computer hardware, third party software, environment, operating system or misuse or other causes external to the Software. Licensee agrees that the foregoing constitutes the sole and exclusive remedy for breach by NSSBI or any warranties made under this License Agreement. EXCEPT AS SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NSSBI AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, DATA OR CONTENT MAINTENANCE OR STORAGE, UPTIME OR UNINTERRUPTED ACCESS, OR ANY WARRANTY OF ACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USE OR APPLICATION, ADEQUACY AND SUITABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Indemnity. To the extent permitted by law, Licensee will, at its own expense, indemnify, defend and hold harmless NSSBI, its affiliates and licensors, and their respective directors, officers, trustees, employees and agents, from and against any action, damages, suits, claims, liabilities, costs and expenses (including reasonable attorneys’ fees) based on a claim arising from or relating to this License Agreement or Licensee’s use of the Program. The indemnified party shall have exclusive right to control such defense. In no event shall Licensee settle any such claim, lawsuit or proceeding in any manner that materially prejudices the indemnified party’s rights without the indemnified party’s prior written approval.

Limitation of Liability. NSSBI’S CUMULATIVE LIABILITY TO LICENSEE OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO NSSBI FOR THE USE OF THE PROGRAM. IN NO EVENT SHALL NSSBI, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF NSSBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE PROVIDERS OF ANY THIRD PARTY SOFTWARE INCLUDED IN THE PROGRAM BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, ACTUAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE.

Trademarks. Community On Demand, and associated logos are trademarks and/or registered trademarks of Dana Jewel Harris, CEO of NEXT Steps Small Business Incubator Publishing Company and The NEXT Steps Youth Entrepreneur Program. No right, title, license, or interest to such trademarks is granted hereunder, and Licensee agrees that no such right, title, license, or interest shall be asserted by Licensee with respect to such trademarks. Licensee agrees that it will not use NSSBI’s or its licensors’ names or marks or employee names, or adaptations thereof, in any advertising, promotional or sales literature without NSSBI’s, or its licensors’ prior written consent. Licensee shall inform NSSBI promptly in writing of any alleged infringement of NSSBI’s or its licensors’ rights and of any evidence thereof.

Governing Law. This License Agreement and the rights and obligations of the parties hereunder shall be construed in accordance with and shall be governed by the internal laws of the State of New York, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods and Uniform Computer Information Transaction Act are expressly disclaimed. Any suit or other proceeding to enforce or interpret this License Agreement shall be brought in, and each party hereby consents to the jurisdiction and venue of, the courts of New York County in the State of New York, United States of America or of any federal court located in such state

Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

No Waiver. The failure of either party to enforce any rights granted hereunder or take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Export Restrictions. Licensee may not export or re-export the Software, including any third party software as incorporated therein, except as authorized by United States law and as consistent with the terms of this license. In particular, the Software, including any third party software as incorporated therein, may not be exported or re-exported into any country embargoed by the United States or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”Website Terms of Use” tab_id=”1649951666231-ab4c80ec-155b”][vc_column_text]Website Terms of Use

Last Updated: March 4, 2022

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE.

THESE TERMS OF USE DO NOT GOVERN THE PURCHASE OR LICENSING OF THE NEXT STEPS SMALL BUSINESS INCUBATOR PRODUCTS AND SERVICES THAT MAY BE LINKED TO OR FROM THIS SITE OR THAT MAY OTHERWISE BE AVAILABLE FOR PURCHASE FROM THE NEXT STEPS SMALL BUSINESS INCUBATOR. TERMS APPLICABLE TO THE PURCHASE OF PRODUCTS/AND OR SERVICES. (See Terms of Purchase)

You have arrived at an online service location (e.g., web site or mobile app (each, a “Site“)) that is owned and/or operated by NEXT Steps Small Business Incubator Publishing Company (“NSSBI,” “we,” “our” or “us“). These Website Terms of Use (“Terms“) govern your use of any Site that posts a link to these Terms (including both mobile and online versions), and also applies to all features, widgets, plug-ins, applications, content, downloads and/or other services that are owned and controlled by us and that are available through or interact with a Site, and/or that post or link to these Terms (collectively, the “Service(s)“), regardless of how you access or use it, whether via computer, mobile device or otherwise. By using the Service, you acknowledge and accept these Terms, consent to our Privacy Policy, Including the collection and use of your data in accordance therewith, and agree to use this Site in a manner consistent with all applicable laws and regulations. If you do not agree, you must not use the Service.

If you are under the age of majority in your jurisdiction of residence, you may use the Service only with involvement of a parent or guardian who agrees to these Terms and to be responsible for your use.

Site Content, Ownership, Limited License, and Reservation of Rights.

Content. The Service contains a variety of: (i) materials and other items relating to NSSBI and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, articles, books, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of NSSBI (collectively, “Trademarks“); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content“).

Ownership. The Service and the Content are owned or controlled by NSSBI and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of NSSBI or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. NSSBI owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

Limited License. Subject to your compliance with these Terms, NSSBI grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use and/or play the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) (“NSSBI Licensed Elements“) on a personal computer, mobile phone or other wireless device, or other Internet enabled device and/or print one copy of the Content for your personal, non-commercial use only, but only for such purposes as may be explicitly stated at the time that the NSSBI Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such NSSBI Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in NSSBI’s sole discretion, and without advance notice or liability.

Reservation of All Rights Not Granted as to Content and Service. These Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by NSSBI and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

RESTRICTIONS AND TERMINATION

Service Use Restrictions. You agree that you will not: (i) use any meta tags or any other “hidden text” utilizing any NSSBI Trademarks or trade names; (ii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to NSSBI; (iii) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (iv) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, NSSBI, or other users of the Service; (v) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the Content; (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users); (vii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (viii) otherwise violate these Terms.

Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or web site, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of NSSBI or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

Termination of Service and Content. NSSBI may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in NSSBI’s sole discretion, and without advance notice or liability.

Procedure For Alleging Copyright Infringement

DMCA Notice. NSSBI will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

1. a legend or subject line that says: “DMCA Copyright Infringement Notice”;
2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
4. your full name, address, telephone number, and e-mail address;
5. a statement by you that you have 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;
6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
7. your electronic or physical signature.

NSSBI will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:

By Mail: NEXT Steps Small Business Incubator Publishing Company, 3104 Briarcliff Road NE, PO Box 29605, Atlanta, GA 30345; Attn: DMCA Agent/Legal

By E-Mail: info@nextstepsyep.org

Links By You To the Service

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any trademarked logos or graphics that are owned by or licensed to NSSBI, (b) the links and the content on your web site do not suggest any affiliation with NSSBI or cause any other confusion, and (c) the links and the content on your web site do not portray NSSBI or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to NSSBI. NSSBI reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

LINKS TO OTHER WEBSITES:

Third-Party Content and Sites; Advertisements. The Service may contain links to third-party sites that are not owned, controlled or operated by NSSBI, and the Service may also include third-party ads, tools and/or other content that link to third-party sites (collectively, “Third-Party Sites“), including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with NSSBI. We may also host our content, apps and tools on Third-Party Sites. NSSBI may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and NSSBI does not assume any obligation to review any Third-Party Sites. NSSBI does not endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, NSSBI is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, NSSBI will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities in which you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. NSSBI disclaims all liability in connection therewith.

Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites) are solely between you and the third party (including issues related to content, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). NSSBI disclaims all liability in connection therewith.

Dispute Resolution

To the fullest extent permitted by applicable law, if any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service, the Content, these Terms, whether heretofore or hereafter arising or to any of NSSBI’s actual or alleged intellectual property rights (collectively, a “Dispute“), then the parties agree that the state or federal courts in DeKalb County, Georgia shall have exclusive jurisdiction of any Dispute, unless otherwise required by applicable laws of your jurisdiction of residence.

Applicable Law: To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Dispute arising out of or in connection with them (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to its conflicts of law provisions.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, NSSBI and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “NSSBI Parties“) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

1. the Service (including the Content);
2. the functions, features, or any other elements on, or made accessible through, the Service;
3. any products, services, or instructions offered or referenced at or linked through the Service;
4. whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
5. whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
6. whether any defects to or errors on the Service will be repaired or corrected;
7. whether your access to the Service will be uninterrupted;
8. whether the Service will be available at any particular time or location; and
9. whether your use of the Service is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, NSSBI PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable, and you may have additional rights.

LIMITATIONS OF OUR LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY NSSBI PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind including without limitation loss of profits that are directly or indirectly related to:

1. the Service (including the Content);
2. your use of or inability to use the Service, or the performance of the Service;
3. any action taken in connection with an investigation by NSSBI Parties or law enforcement authorities regarding your access to or use of the Service;
4. any action taken in connection with copyright or other intellectual property owners or other rights owners;
5. any errors or omissions in the Service’s technical operation; or
6. any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if NSSBI Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you, and you may have additional rights.

Waiver of Injunctive or Other Equitable Relief

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN YOU AGREE THAT THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND,THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY SUCH RELIEF.

Indemnity. You agree to, and you hereby, defend, indemnify, and hold NSSBI Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any NSSBI Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the Service and your activities in connection with the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; and (v) any misrepresentation made by you (all of the foregoing, “Claims and Losses“). You will cooperate as fully required by NSSBI Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, NSSBI Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. NSSBI Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a NSSBI Party.
Updates to Terms.

These Terms, in the form posted at the time of your use of the Services, shall govern such use. The Terms may be modified and we may cease offering the Service under the Terms for which they were previously offered. Accordingly, each time you use the Service you are entering into a new agreement with us on the then applicable Terms posted on the Site, and your use of the Service after such posting constitutes your agreement to the updated Terms going forward. You can reject any new, revised or additional Terms by discontinuing use of the Service and related services.

General Provisions

Severability; Interpretation. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation,”.

Investigations; Cooperation with Law Enforcement; Termination; Survival. NSSBI reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by NSSBI in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the Service, in whole or in part, or suspend or terminate your access to it, in whole or in part, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to NSSBI under these Terms. Upon suspension or termination of your access to the Service, or upon notice from NSSBI, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to NSSBI in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction and choice of law.

Assignment. NSSBI may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of NSSBI.

No Waiver. Except as expressly set forth in these Terms, (i) no failure or delay by you or NSSBI in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

U.S. Government Restricted Rights. If you are a U.S. government end user, then this provision applies to you. The Service provided in connection with these Terms has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.

Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.

Terms Applicable for Apple iOS.

If you are accessing or using the Service through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms by this reference:

To the extent that you are accessing the Service through an Apple device, you acknowledge that these Terms are entered into between you and NSSBI and, that Apple, Inc. (“Apple“) is not a party to these Terms other than as third-party beneficiary as contemplated below.

1. The license granted to you in Section 1 of these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
2. You acknowledge that NSSBI, and not Apple, is responsible for providing the Service and Content thereof.
3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance any support services to you with respect to the Service.
4. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
5. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and NSSBI, NSSBI, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
7. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
8. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, web site, technology or service that interacts with the Service.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”NSSBI Standard Terms of Purchase” tab_id=”1649952868375-653db04e-87f3″][vc_column_text]NSSBI Standard Terms of Purchase

The following NSSBI Standard Terms of Purchase apply to the purchase of all NSSBI Physical Products, Digital Products, Connected Products, Services and Pilots. Additional terms and conditions may pertain to the use of specified platforms or products. In the event that NSSBI is an authorized licensor of any Digital Products owned by third parties, the Terms of Use and Privacy Policies associated with such third-party products may apply.

The Privacy Policy for NSSBI Products governs all NSSBI Products in relation to privacy matters and is incorporated herein.

The NEXT Steps Online Training Academy Learning Management System Terms of Use governs all users access to and use of Products on NSSBI learning platforms and is incorporated herein.

GENERAL TERMS APPLICABLE TO ALL PRODUCTS

CONTRACT. The ordering or acceptance of any Products purchased from The NEXT Steps Small Business Incubator or its applicable subsidiaries or affiliates (collectively, “NSSBI“) by any Customer shall constitute an agreement to these standard terms and conditions (the “General Terms“). These General Terms, together with any other applicable terms, as specified below, any terms and conditions published by NSSBI in the applicable NSSBI catalog, the Order Document(s) (if applicable to Customer’s purchase) and/or any other terms and conditions, attachments or exhibits associated with the purchased Products (collectively, the “Terms”) constitute the entire agreement between the parties relating to the subject matter hereof, except for any agreements, amendments, or waivers agreed to in writing by both NSSBI and Customer. Any contrary or inconsistent terms appearing on purchase orders, acknowledgments, or other documents of Customer or oral stipulations shall not be binding on NSSBI.
PURCHASE AUTHORIZATION; SOLVENCY. By ordering Products, Customer represents and warrants that it has complied with any and all of its own requirements necessary to authorize the purchase. Customer is solely responsible for all purchase decisions, including ensuring the compatibility and suitability of all Products. Further, by ordering and accepting delivery, Customer represents to NSSBI that Customer is solvent and will make payment in full when due for such Products in accordance with the applicable invoice. In the event that the Customer orders and/or accepts delivery of any Products while insolvent, NSSBI shall have the right to stop shipment of any and all Products en route and Customer shall immediately return all such Products actually received to NSSBI. Events which shall be deemed to establish Customer’s insolvency include, but are not limited to, the filing of a bankruptcy petition by or against Customer and/or Customer’s admission of its inability to pay its debts when due.
ACCEPTANCE, PRICES, CANCELLATIONS, AND TERMS. Orders are subject to acceptance and availability. NSSBI’s list prices and other terms shown are subject to change without notice. NSSBI may make changes in quantities, casepacks, specifications, delivery schedules, method of shipment, and packaging, and may cancel or terminate work on any order for its own convenience, in whole or in part, by written or electronic notice at any time. Any changes to orders requested by Customer may be approved or rejected in NSSBI’s sole and absolute discretion. In the event of any errors relating to the pricing or specifications of any Products, NSSBI shall have the right to refuse or cancel any orders in its sole discretion.
BILLING AND PAYMENT. All amounts owing from Customer to NSSBI with respect to any Products purchased from NSSBI are subject to timely payment due within thirty (30) days of the date set forth on NSSBI’s invoice. Accounts must be current before subsequent deliveries will be made or Services will be delivered. Customer credit limits may be established and modified by NSSBI in its sole discretion. Past due accounts are subject to a one percent (1%) monthly finance charge. Unless a set-off or deduction is specifically provided for by NSSBI in a valid credit memo, Customer may not charge back to NSSBI or make any set-offs or deductions, including, but not limited to, set-offs or deductions for violations of customer shipping or routing guidelines and/or other promotional programs. NSSBI shall process any credit to Customer’s account in accordance with NSSBI’s standard practices and procedures. All claims relating to any delivery and/or applicable invoice and/or Products must be made in writing within 30 days of the date of the invoice. Any request for proof of delivery must be made within 30 days of the date of the invoice.
TAXES. Where appropriate, Customer shall provide NSSBI with a duly executed tax certificate indicating that such purchase is for exemption or resale, and listing Customer’s sales tax registration number for each state into which NSSBI’s Products will be delivered. NSSBI shall have no liability for any tax required to be billed, collected, and/or remitted by Customer as a result of sales of Products made by Customer, and Customer shall defend, indemnify, and hold harmless NSSBI against all losses, penalties, interest, and expense (including reasonable attorneys’ fees) arising out of any claims relating to such liability for taxes. Where applicable, all prices and payments for Products are exclusive of all taxes, and Customer agrees to pay all applicable national, state and local sales, use, value‑added and other taxes, customs duties and similar tariffs and fees, other than taxes imposed on NSSBI’s net income.
SHIPPING; HANDLING; RISK OF LOSS. Unless otherwise expressly indicated on the face of an order, the shipping term for all deliveries is F.O.B. NSSBI’s shipping point (whether to an NSSBI or third-party facility). Risk of loss and title is passed to Customer upon transfer of the Physical Products to the carrier. Shipping costs quoted are estimates and may vary from the actual costs. Unless otherwise agreed, the cost of shipping is calculated by taking the Physical Product price and adding 10.5%. Minimum charge is $10.00. NSSBI will ship Physical Products using its established methods of packing and transportation, except as otherwise instructed by Customer and agreed to by NSSBI. If Customer requires other packing or preparation, Customer will pay the additional costs. In the event that Customer requests to pick up its own deliveries of Physical Products by its own carrier, Customer must pay 5% of the value of the order as a handling fee. In addition, the pickup must occur within 48 hours of confirming the date and time of pickup or NSSBI will ship and charge standard shipping and handling rates to a maximum of 10.5%. Customer assumes full liability for the materials upon freight leaving our distribution center dock.
REJECTION. Customer may, immediately on receipt of any incorrect titles or damaged or defective Products, or if Products are not as described, reject and return them to NSSBI, with authorization from NSSBI and at NSSBI’s expense. Customer assumes, and shall bear and pay, all risks and expenses of returning any such Products without NSSBI’s authorization. Shortages, damaged Products or incorrect titles must be reported within thirty (30) days of delivery. In the event of a shortage, NSSBI shall ship the items or credit Customer’s account for the shortfall. For damaged Products, NSSBI shall pick up the Products and issue an appropriate credit or ship replacement Products. For Products showing visible damage on the shipping carton, the carrier must note damages on the freight bill before accepting delivery. Merchandise damaged in transit must be reported to the carrier immediately. All original shipping cartons, packing slips, packing materials and damaged Products must be saved until they have been inspected or Customer’s claim has been resolved.
RETURNS. Except for Products sold on a non-refundable basis, Customer may return, at Customer’s risk and expense, purchased Products no later than six (6) months (or one month for home schools and individual customers) after the invoice date, in accordance with NSSBI’s standard practices and procedures with pre-approval from NSSBI Customer Experience. Customer assumes, and shall bear and pay, all risks and expenses of returning any such Products. If Customer returns any Product that is damaged by Customer, used or otherwise ineligible for credit for any reason specified in our policy, NSSBI has the right to dispose of it without any further obligation, including, without limitation, notice, credit obligation or obligation to return it to the Customer.
MODIFICATION, DISCONTINUATION OR RECALL. NSSBI may update, enhance and/or expand the content, features and functionality of a Product and/or change the name and branding of a Product from time to time. In the event a Product is discontinued by NSSBI or is the subject of a recall by NSSBI during the term of NSSBI’s contract with the Customer, NSSBI shall be responsible only for, at NSSBI’s election: (a) supplying Customer with a revised or corrected versions of the Product; (b) substituting the Product with a new product in the same subject area and the same type, quality, condition and price or (b) providing a pro-rated credit to Customer that may be applied toward the purchase of other NSSBI Products in the amount of the costs paid by Customer to NSSBI for the use of such Product during the remaining term of NSSBI’s contract.
COMPLIANCE WITH LAWS. Customer shall comply with all applicable laws and regulations applicable to the purchase of Products. Furthermore, Customer warrants that it shall comply with all applicable data privacy laws, including federal and state laws including but not limited to the Family Educational Rights and Privacy Act, including the Protection of Pupil Rights Amendment (“FERPA”) and the Children’s Online Privacy Protection Act (“COPPA”). Please see our Privacy Policy for NSSBI Products.
NSSBI’S INTELLECTUAL PROPERTY RIGHTS. The intellectual property contained in the Products (and any derivative works based on the Products) is confidential and/or proprietary information of NSSBI or its licensors and is protected by copyright, trademark, and other intellectual property laws. NSSBI, or its licensors, are the sole and exclusive owners and shall retain all right, title and interest in and to the Products, including without limitation all materials, software, documentation, training and implementation materials, methodology, all parts of presentations and other materials provided in connection therewith, related software code, specifications, documentation, technical information, copyrighted and other proprietary content, NSSBI trademarks and brands, information and other materials of NSSBI, its licensors and other third parties; as well as corrections, modifications, additions, improvements and enhancements to the foregoing (collectively, “NSSBI IP”); subject to the personal, nonexclusive license to use the NSSBI IP granted to Customer for its own non-commercial, incidental use as contemplated herein.
EQUAL OPPORTUNITY CLAUSE. NSSBI does not and Customer shall not engage in any discriminatory practices based on race, color, religion, sex, national origin, protected veteran status, or disability. To the degree they are applicable, the following provisions are incorporated herein by reference and are binding upon NSSBI and Customer as if set forth fully at length herein: 41 CFR 60-1.4, 60-250.4 and 60-300.5; and 41 CFR 60-741.4 and 60-741.5.
FORCE MAJEURE. NSSBI shall not be deemed in default of its obligations to Customer to the extent that performance of its obligations or attempts to cure any breach are delayed, cancelled, rescheduled or prevented by reason of any act of God, war, civil commotion, strikes, labor disputes, fire, natural disaster, accident, riots, acts of government, shortage of materials and supplies, or any other cause beyond its reasonable control.
INDEMNIFICATION. To the extent allowed by law and subject to the right of Customer to raise the defense(s) of sovereign governmental or qualified immunity against third party claims, Customer will indemnify, defend and hold harmless NSSBI, its parent companies, subsidiaries, affiliates, directors, officers and employees from any third party claims, causes of action, damages, costs, liabilities or expenses that arise from a breach of these Terms or from improper, illegal or unauthorized use, distribution or operation of the Products.
DISCLAIMER OF WARRANTIES AND INDEMNITIES; LIMITATION OF LIABILITY. ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND NSSBI EXPRESSLY EXCLUDES THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WHILE NSSBI DOES ITS BEST TO DESCRIBE EVERY PRODUCT OFFERED AS ACCURATELY AS POSSIBLE, NSSBI DOES NOT WARRANT THAT PRODUCTS, SPECIFICATIONS, PRICING, AND/OR OTHER CONTENT NSSBI PROVIDES ARE COMPLETE, ACCURATE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS NSSBI AND ITS PARENT, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE OUTSIDE ATTORNEYS’ FEES AND EXPENSES) INCURRED IN DEFENDING ANY CLAIM, JUDGMENT OR PROCEEDING RELATING TO OR ARISING OUT OF: (I) CUSTOMER’S BREACH OR ALLEGED BREACH OF ITS REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND AGREEMENTS CONTAINED IN THESE TERMS; AND/OR (II) THE DISTRIBUTION, RESALE AND PROMOTION OF PRODUCTS BY CUSTOMER. NSSBI WILL HAVE THE RIGHT TO CONTROL THE DEFENSE AND SETTLEMENT OF ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREIN. NSSBI SHALL HAVE NEITHER LIABILITY NOR RESPONSIBILITY TO ANY PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE ARISING FROM THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, NSSBI’S FAILURE OR ALLEGED FAILURE TO FILL ORDERS BY CUSTOMER IN WHOLE OR IN PART. NSSBI DOES NOT GUARANTEE THAT ANY DIGITAL PRODUCTS WILL BE DELIVERED ERROR-FREE OR UNINTERRUPTED. NSSBI DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND DIGITAL PRODUCTS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. NSSBI SHALL NOT BE LIABLE FOR ANY DAMAGES TO COMPUTERS, COMMUNICATION SYSTEMS, DATA OR SERVICES THAT MAY ARISE AS A RESULT OF THE USE OF DIGITAL PRODUCTS. IN NO EVENT SHALL NSSBI BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE, AND REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NSSBI’S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER DURING THE MOST RECENT TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
TERMINATION; EFFECT OF TERMINATION. NSSBI may terminate this Agreement upon the failure of Customer to comply with any of the Terms, at any time by giving Customer 30 days’ prior written notice, specifying the breach upon which the notice is based. If Customer has not cured the breach to NSSBI’s satisfaction within the notice period, this Agreement will terminate. NSSBI shall have, in addition to any other remedies available to it, the right to injunctive and other equitable relief to restrain action by Customer inconsistent with this Agreement, and Customer hereby acknowledges that other remedies are inadequate in such cases. Upon termination for any reason, NSSBI will disable access to any applicable Digital Products, including at the end of the Subscription Term. In addition, Sections 11, 14 through 18 and 20 shall survive any termination of this Agreement.
MODIFICATION AND SEVERABILITY. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of the Terms shall remain in force and in effect and be construed so as to best effectuate the intention of the parties. The waiver of one default shall not waive subsequent defaults of the same or different kind. NSSBI reserves the right to make changes to these Terms at any time.
JURISDICTION; VENUE; CHOICE OF LAW. THE STATE COURTS OF THE COMMONWEALTH OF MASSACHUSETTS SITTING IN SUFFOLK COUNTY AND, IF THE JURISDICTIONAL PREREQUISITES EXIST AT THE TIME, THE UNITED STATES DISTRICT COURT FOR MASSACHUSETTS SHALL HAVE THE SOLE AND EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY DISPUTE OR CONTROVERSY ARISING UNDER OR CONCERNING THIS CONTRACT. THIS CONTRACT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REFERENCE TO ITS PRINCIPLES OF CONFLICTS OF LAWS, EXCEPT THAT FOR GOVERNMENTAL CUSTOMERS IN THE UNITED STATES THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE GOVERNMENT AGENCY CUSTOMER IS LOCATED.
EXPORT. Import duties, taxes and customs clearance fees relating to Products shipped outside the United States will be borne by Customer. Export laws and regulations of the United States apply to all Products. Customer agrees that export control laws govern its use of the Digital Products and related Services (including technical data) and any Digital Products deliverables provided to Customer by NSSBI, and Customer agrees to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). For Products exported outside the United States, Customer agrees that it will not import or allow a third party to import such Products into the United States.
CONFIDENTIALITY. Customer acknowledges that in the course of providing Products under this Agreement, representatives of NSSBI may disclose certain confidential information to Customer. All concepts, work, materials, and related information disclosed to Customer by any person acting on behalf of NSSBI are proprietary and confidential information of NSSBI. Customer acknowledges this and agrees not to disclose any such concepts, work, material or related information to any other parties, or to make any use of the Products other than the use that is intended by NSSBI through its provision of the Products.

TERMS APPLICABLE TO DIGITAL PRODUCTS

In addition to the above General Terms applicable to all Products, the following terms are applicable to the purchase of Digital Products. In the event of a discrepancy between the General Terms and the Terms Applicable to Digital Products, the Terms Applicable to Digital Products shall apply.

SUBSCRIPTION TERM. Any subscription to Digital Products is for the price and time period or term listed in the applicable Order Document(s). If Customer wishes to extend any Subscription Term, a purchase order, change order, or amendment is to be negotiated for additional fees. If no commencement date for the Subscription Term to the Digital Products is specified in the applicable Order Document(s), the Subscription Term shall be deemed to commence on the date on which the Customer is granted access to the Digital Product as delivered by NSSBI, NOT upon Customer activation of the Digital Product, and shall continue until the end of the Subscription Term. Upon expiration or termination of the Subscription Term, Customer will no longer have permitted access to the Digital Product. In the event that NSSBI must discontinue access to a Digital Product prior to expiration of the Subscription Term, NSSBI shall provide a pro-rated credit to Customer applicable toward the purchase of other NSSBI Products. Such pro-rated credit shall reflect the portion of the Subscription Term that remains unused as of the date of discontinuation of the Digital Product.
HOSTING. Any Digital Products purchased for a limited Subscription Term shall be hosted by or through NSSBI. NSSBI may choose to transition the hosting of a Digital Product to a different site or platform upon prior written notice to Customer. Any NSSBI Digital Products Customer wishes to self-host would be considered a separate transaction, and separate agreements and fees are to be negotiated. Self-hosted versions of many of NSSBI’s Digital Products are not available for license. In the case of Digital Products that are self-hosted in whole or in part, upon expiration or termination of the applicable Subscription Term, Customer must immediately cease using the Digital Product, delete or destroy any copies of the Digital Product and, if requested, confirm to NSSBI that the Customer has complied with these requirements.
ALLOCATION OF LICENSES. NSSBI will provide Customer with the number of credentials with respect to Digital Products equal to the number of students, teachers or administrators licensed by Customer under the applicable Order Document(s).
LICENSE LIMITATIONS. Customer may not: (1) re-sell, rent or lease a Digital Product or any part of it; (2) copy any part of a Digital Product, except where specifically indicated otherwise or for back-up purposes; (3) reverse engineer, decompile or disassemble a Digital Product or the software through which it is delivered, or convert it into any other format or medium; (4) use more copies of a Digital Product, or deploy a Digital Product on more devices or at more sites, than are authorized by these Terms Applicable to Digital Products and the applicable Order Document(s), or (5) sub-license the Digital Products except as permitted by NSSBI.
SECURITY. Customer acknowledges that Digital Products may include security technology to ensure that they may only be used in accordance with the applicable license rights. Customer shall take all reasonable security measures to prevent unauthorized access to the Digital Products. Customer agrees to: (1) accept all responsibility for all activities that occur under user name(s) or password(s) used by Customer; and (2) immediately notify NSSBI of any unauthorized use of any password or account assigned to Customer, or any other breach of security or confidentiality thereof. In such event, NSSBI shall have the right, without limitation of any other rights under this Agreement, to terminate any such account or this Agreement in its entirety. In the event that Customer transmits Customer Materials to NSSBI outside of NSSBI’s secure software (e.g. in association with the provision of any Services), Customer agrees to use a secure conduit (e.g., HTTPS) for the transmission of such Customer Materials. NSSBI shall have no obligation to monitor Customer Materials, but NSSBI reserves the right to do so and to remove or disclose any Customer Materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, and NSSBI will use reasonable efforts to notify Customer reasonably in advance.
THIRD PARTY PRIVACY POLICIES. In connection with Customer’s use of Digital Products owned and hosted by NSSBI, Privacy Policy for NSSBI Products shall apply. Please note that in some instances Digital Products are owned and hosted by third parties. In such cases, there may be other specific privacy policies that apply. In such cases, you should refer to the applicable third-party privacy policy for that Digital Product(s).

TERMS APPLICABLE TO CONNECTED PRODUCTS

In addition to the General Terms and Terms Applicable to Digital Products that may apply to individual components of the Connected Products, the following terms apply to NSSBI Connected Products. In the event of any conflict, the Terms Applicable to Connected Products shall apply.

CONNECTED PRODUCTS. The Connected Products consists of the NSSBI program products, professional development services and classroom materials offered by NSSBI through its platform(s), or otherwise delivered to the Customer, solely in the formats identified in the Order Document(s). Customer understands and agrees that certain content of the Connected Products may be updated or substituted on an ongoing basis in the discretion of NSSBI. In addition, the Customer may add other Products and Services to the Order Documents, at the applicable NSSBI price, and all such additional Products and Services shall be governed by these terms and other applicable NSSBI terms and conditions.
LICENSE. Subject to the General Terms and Terms Applicable to Digital Products, NSSBI hereby grants Customer a limited, non-exclusive, non-sublicensable and non-transferable right to access the Connected Products as identified on the applicable Order Document(s), solely for educational purposes and solely in connection with the Customer’s school/district. NSSBI will provide Customer with the number of credentials with respect to the Connected Products equal to the number of students, teachers or administrators licensed by Customer under the applicable Order Document(s). Teacher licenses can be used by multiple instructors in good faith, in the same school/district so long as such teacher licenses maintain a customary classroom teacher-to-student ratio (i.e. the number of teacher licenses purchased is substantially in proportion to the number of student licenses purchased by the Customer). Any rights not expressly granted by NSSBI in this Agreement are expressly reserved to NSSBI. The Subscription Term is for the period of years specified in the applicable Order Document(s) and paid for by Customer. This Subscription Term shall be effective upon the date set forth in the Order Document(s), provided that, if no such commencement date is specified, the Subscription Term shall be deemed to commence on the earliest date on which the applicable product is first accessed or used by Customer and shall continue until the end of the Subscription Term. For a multi-year Subscription Term, Customer shall be permitted to re-allocate the licensed credentials to different grade levels of the same NSSBI program, so long as the total number of licensed users is not exceeded for the same Subscription Term during the same academic year.
EMBEDDED SERVICES. Subject to the General Terms, NSSBI will provide the then standard embedded professional development services to Customer as NSSBI makes available with the Connected Products Subscription. In addition, Customer may engage NSSBI to provide additional training, coaching or other professional development in association with the Connected Products.
CONSUMABLE PRINT MATERIALS. For a multi-year Subscription Term, Customer shall be permitted to re-allocate the quantities of consumable print materials of a given Product among different grade levels, so long as the total quantity purchased is not exceeded in a given academic year. As of 3/1/2022, customers must manage their annual shipment of consumable print materials through the The Pop Shop in order to specify the Customer’s grade level quantities for the following school year. Subscription quantities not specified for shipment may not be carried over to the following year and may not be refunded or credited.

TERMS APPLICABLE TO SERVICES

In addition to the General Terms, the following terms apply to the purchase of Services. In the event of a discrepancy between the General Terms and the Terms Applicable to Services, the Terms Applicable to Services shall apply.

PURCHASE ORDER. At least thirty (30) days prior to the first date of Services, Customer shall provide NSSBI with a purchase order. If Customer’s purchase practice is not to provide a purchase order, Customer agrees that it shall sign a Services Agreement or contract and make prompt payment under the terms set forth herein for all Services delivered to Customer by NSSBI.
LOGISTICS. No less than thirty (30) days before a Services Date, Customer shall provide to NSSBI the following information: shipping address for materials, the address and other pertinent details (e.g., room number) of Services delivery sites, and the number of participants for each day of Services to be delivered. NSSBI reserves the right to charge Customer expedited shipping charges if additional shipping or handling charges are incurred by NSSBI, or to reschedule the Services without penalty, as a result of Customer’s failure to provide the necessary information within this timeframe.
SCHEDULING, RESCHEDULING AND CANCELLATION. The scheduling of Services to be delivered on specified dates (“Services Dates”) shall be outlined in the purchase order or agreement. Services to be delivered on dates to be determined (“TBD Dates”) must be delivered within twelve (12) months of NSSBI’s receipt of the purchase order or other agreement. Fees paid for any TBD Dates not consumed within twelve (12) months will be forfeited by the Customer. When scheduling TBD Dates, the Customer shall contact NSSBI at least six (6) weeks prior to the first day on which the Customer would like the Services to begin. NSSBI cannot guarantee availability of dates for specific consultants.
1. DATE CHANGES/RESCHEDULING.
  1. Services Dates, once scheduled, may be changed only upon the mutual agreement of NSSBI and the Customer. In addition to rescheduling fees, as set forth below, any change to the dates or the type of Services herein may change the fees that will be charged.
    1. Any date change requests must be received by NSSBI from the Customer no less than thirty (30) days prior to the scheduled Services Date. All rescheduled Services Dates must be delivered within twelve (12) months of NSSBI’s receipt of the purchase order or other agreement. All rescheduled Services Dates not consumed within twelve (12) months will be forfeited by the Customer and no refund of any prepaid fees shall be given.
    2. For any Services Date changes made at any time by Customer for any reason, Customer shall reimburse NSSBI 100% of any out-of-pocket travel or other ancillary costs spent by NSSBI in connection with preparation for providing the Services (e.g., travel already booked).
2. CANCELLATIONS/DEFAULT.

1. 1. Customer may cancel Services without incurring any cancellation fee prior to the scheduling of a Services Date by providing NSSBI no less than thirty (30) days’ written notice prior to the Services Date.
  2. Cancellations received from Customer less than thirty (30) days prior to the Services Date shall result in payment by Customer of a cancellation fee of 50% of the fees for the cancelled Services. Cancellations received from Customer less than seven (7) days in advance of the Services Date shall result in payment by Customer of a cancellation fee of 75% of the fees for the cancelled Services.
  3. Cancellations received from Customer less than 24 hours prior to the Services Date, or if Customer is absent from the scheduled Service (“no-show”), shall result in payment by Customer of a cancellation fee of 100% of the fees for the cancelled Services.
  4. If a cancellation involves more than one Service Date, any cancellation fees shall be prorated accordingly. In all cases, Customer shall pay for any Services actually delivered.
  5. For any cancellation of Services Dates at any time for any reason, Customer shall reimburse NSSBI 100% of any out-of-pocket travel or other ancillary costs spent by NSSBI in connection with preparation for providing the Services in accordance with this Agreement (e.g., travel already booked).
PROHIBITION ON REPRODUCTION. No part of the Services or any related materials may be videotaped, audio taped, photographed or in any way copied, excerpted, reproduced or distributed without the prior written consent of NSSBI. Participants may be asked to leave if they engage in this activity and will be required to delete any unauthorized recordings.

TERMS APPLICABLE TO PILOTS

In addition to all of the above Terms, where Pilots are permitted by applicable law and otherwise available, the following terms are applicable to the Pilots. In the event of a discrepancy, the Terms Applicable to Pilots shall apply.

CONSIDERATION. In partial consideration of its participation in the Pilot, Customer agrees to cooperate with NSSBI’s efforts to gather data (including but not limited to performance, usage, and other data at the building, grade, teacher and student levels), testimonials and other information relating to the Pilot. NSSBI may meet with the Customer to review success data and other information obtained in connection with the Pilot or from the use of Products in the Pilot (“Pilot Materials”). Customer agrees that NSSBI will collect, use and protect pilot data in accordance with the Privacy Policy for NSSBI Products.
PILOT MATERIALS. Pilot Materials shall be provided in limited quantities as specified in the Pilot Proposal and only for the duration of and otherwise within the scope of the Pilot. Participation in the Pilot shall not thereby entitle Customer to participation in future pilots or additional access to Pilot Materials or to other instructional materials.
OWNERSHIP. To the fullest extent permitted by law, where the Customer does not share in the funding of the Pilot, NSSBI retains ownership of all Pilot Materials. NSSBI also retains all right, title and interest in and to any Pilot Materials consisting of software licensed to the Customer for the limited period of the Pilot. In the event that the NSSBI program relating to the Pilot is selected and purchased by Customer at the end of the Pilot, Customer will have the option to purchase or license the Pilot Materials on terms to be negotiated between NSSBI and Customer. Where the Customer does not share in the funding of the Pilot, and the piloted NSSBI program is NOT selected by the Customer at the end of the Pilot, Customer shall discontinue use of all Pilot Materials provided under license and return such Pilot Materials to NSSBI (and NSSBI is entitled to terminate access to or collect all Pilot Materials owned by NSSBI at its discretion). Customer is not permitted to resell any Pilot Materials.
DAMAGE AND/OR LOSS. Customer is responsible for any damage or loss to NSSBI owned Pilot Materials during the Pilot.
TERMINATION. Where Customer has not participated in the funding of the Pilot, NSSBI may terminate the Pilot at any time upon thirty days prior written notice to Customer.

DEFINITIONS

The following terms used throughout this agreement, whether used in the singular or plural, shall have the meanings set forth herein.

“Connected Product(s)” means Physical Products, Digital Products and Services specifically labelled as part of NSSBI’s “Connected Teaching System.”
“Customer” means the legal entity identified on the purchasing or registration materials. For purposes of this Agreement, Customer includes affiliates specifically listed in a purchase order or in other purchasing or registration materials. Such affiliates agree to be bound by the terms of this Agreement. Customer is responsible for compliance with the terms of this Agreement by all affiliates, subsidiaries and subdivisions purchasing Products hereunder.
“Customer Materials” means the materials, data and information belonging to a Customer and provided to NSSBI, either directly or by granting NSSBI access to Customer’s files/systems, for the purpose of using an NSSBI Product.
“Digital Product(s)” means non-tangible, digital versions of Products, whether licensed on a fixed, perpetual or subscription term.
“Order Document(s)” means the NSSBI cost proposal or NSSBI quotation and order form.
“Physical Product(s)” means any Product versions that are not Digital Products, including printed books, other printed materials, and the physical media (CDs, DVDs, videos, other audio/ video/multimedia products) that carry copies of any Digital Product(s) delivered to Customer, and any other physical copies of Products.
“Pilot” means the paid or unpaid, full or partial access to Products for a specific, limited period of time for evaluation and trial of the Product prior to Customer’s decision on whether or not to purchase the Product in full. Pilots are generally of short-duration and for limited Product in order for a Customer to evaluate how a full-scale implementation of Products will work in practice. Ownership of the Product remains with NSSBI unless and until full purchase of the Pilot Materials, as hereinafter defined, is completed.
“Product(s)” collectively refers to all NSSBI Physical Products, Digital Products, Connected Products, Pilots and Services.
“Services” means professional development services delivered personally to the Customer either , in person or on site as specified in the purchase order or other ordering documents or statement of work(s), which may include training, professional development, coaching, consulting, conferences, courses, “Getting Started” and implementation training, and software implementation, for Customer as agreed to by the parties, under this Agreement.
“Subscription Term” means the term of the Customer’s subscription to a Digital Product or a Connected Product.

[/vc_column_text][/vc_tta_section][vc_tta_section title=”NSOTA LMS Terms of Use” tab_id=”1649951928654-622f7d12-9e4e”][vc_column_text]The NEXT Steps Small Business Incubator Publishing Company (“NSSBI,” “we” or “us”) provides educational content and related services for grades K-College/Adult via a set of online learning platforms, including but not limited to our Community On Demand Learning Management System and Money Guide for Young Entrepreneurs Activity Workbook & Online Courses platforms (the “K-College/Adult Learning Platforms” or the “Platforms”). The websites for our K-College/Adult Learning Platforms:

Provide authorized educational institutions and their district and school administrators and teachers with password-protected access to educational content for use in their curricula;
Permit educational institutions to give their students password-protected access and other access to educational content for use in connection with their studies; and
Provide general content and informational services to visitors to our sites who are interested in learning more about our K-College/Adult Learning Platforms.

PLEASE READ THESE TERMS CAREFULLY.

BY BROWSING OUR GENERAL INFORMATION AND ACCESSING OUR PLATFORMS, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO ABIDE BY ALL TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE K-College/Adult LEARNING PLATFORMS THAT LINK TO THESE TERMS.

Navigating our Terms. To assist you in understanding our Terms, we have divided these Terms into numbered sections, and provide a set of definitions to allow easy reference to key concepts. See Section 9 (Definitions).
Password Protected Pages and Open Pages. Each website that hosts one of our K-College/Adult Learning Platforms (a “Platform Website“) is divided into two areas: (i) a password-protected area that provides Online Educational Content and that is designed to be available only to Platform Users who hold requisite passwords for their use (“Password Protected Pages“); and (ii) an open area, that provides General Information and certain educational content to users without password requirements (“Open Pages“).
Relationship with Your School. NSSBI enters into relationships with Schools and other Educators, whereby NSSBI agrees to provide their Administrators, Teachers, Students and other associated individuals with access to its Platforms. These Terms address such access.
Use of Our Platforms.

1. Student Platform Users; School’s Registration Responsibilities. Educators select the Students (and, where applicable, the parents or legal guardians) who will have access to the K-College/Adult Learning Platform and the associated School-Designated Educational Content. The School and its Administrators/Teachers are responsible for registering Students. Although our ClassZone Learning Platform allows certain Students to self-register, the School controls which Students are distributed an access code in order to so register.
2. School-Designated Educational Content. Educators select the Online Educational Content and K-College/Adult Learning Platform features (where applicable) that will be available for their classrooms (“School-Designated Educational Content“). We then provide this School-Designated Educational Content in accordance with these Terms.
3. School Code of Conduct. The School is responsible for the conduct of its Students in connection our K-College/Adult Learning Platforms. We encourage Schools and Teachers to apply appropriate codes of conduct to student activities in this regard.
4. Nature of K-College/Adult Learning Platforms; Innovation. We describe the features and functions of our K-College/Adult Learning Platforms in help-screens, via Technical Support, and other materials (collectively, “Documentation“). We seek to provide innovative and useful online learning experiences for Educators and Students. Toward this end, we might choose in our discretion to alter the methods that deliver School-Designated Content (“Content-Delivery Mechanisms“). We may revise our Documentation to describe updates to our Content-Delivery Mechanisms, either before we release the update or within a reasonable time after release.
5. Use of Passwords. Once registered, you will receive or otherwise have the opportunity to create a user name and password (your “Password“). The Platform Website at issue will guide you as to requirements concerning the needed “strength” of this Password. Your Password gives you access to Password Protected Pages (the extent of this access may be set by your School-assigned role), and to our Online Educational Content. Please keep in mind that we will treat anyone who uses your Password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your Password. Therefore, we recommend that you maintain your Password in confidence, and that you notify us immediately if you suspect that someone else is using your Password. If you forget your password: (i) Educators should contact Technical Support for assistance in recovering the password, and (ii) Students should contact their Teacher or Administrator for password recovery support.
Technical Support. We offer certain technical support for our K-College/Adult Learning Platforms, to Educators and Students. This support can be obtained by contacting us as provided below (“Technical Support“). If you have questions concerning the hours when Technical Support is available, or other terms applicable to Technical Support, please feel free to ask our Technical Support personnel.

Attention: Tech Support Phone: 678.570.0398 Email: info@nextstepsyep.org

Intellectual Property Rights.
1. NSSBI Ownership of Platform Websites and General Information; Grant of Rights to Site Visitors. The K-College/Adult Learning Platforms and the Online Educational Content embody intellectual property rights owned by NSSBI (or its licensors) including, where applicable, rights under patent law, copyright law, trade secret law, and trademark law (“NSSBI Intellectual Property“). Subject to your compliance with these Terms, NSSBI grants (i) Site Visitors and Platform Users a non-exclusive license to access and use the Open Pages for educational purposes, and (ii) Platform Users a non-exclusive license to access and use (a) the K-College/Adult Learning Platform selected by your School, and (b) associated School-Designated Content. Such use shall be limited to those features and functions specified in applicable Documentation, and you agree not to duplicate, publish, display, distribute, modify, or create derivative works of any K-College/Adult Learning Platform or Online Educational Content unless expressly permitted, as indicated in the Documentation or other applicable information materials or NSSBI contract terms concerning the Content.
2. Ownership of User Content. Where applicable, certain features of a Platform (where applicable, “Interactive Features“) provide Educators and Students the ability to create, upload or post User Content. We do not claim ownership in User Content. We expect each user of our Platforms to act responsibly, and to respect the rights of others. We seek to protect the integrity and security of our computing systems, and the right to protect our community of users from claims of intellectual property infringement and other claims or threats. Toward these ends, we reserve the right in our sole discretion (i) to monitor your use of the Platforms, and your User Content, (ii) to restrict or foreclose access to certain areas of the Platforms or other resources, and (iii) to take other actions we deem necessary to protect our community of users and our resources. To the extent User Content constitutes (in whole or in part) a Student Record, such Student Record shall be the property of and under the control of the School. For so long as a Student is a Platform User, the Student can obtain a copy of his/her User Content by using the download feature available through the Platform, or if such features are not available, by contacting us in accordance with Section 10 (Contact Us).
3. Limited Operations Use. Although we hold no ownership rights in your User Content, as provided in Section 6.2 (Ownership of User Content), in order to provide to you (and your Teachers, Students, and your associated School) the Interactive Features that permit creation and use of that User Content, the Platform must necessarily use and distribute that User Content and you agree to permit us and grant such required operations use.
4. Contact for Alleged Copyright Infringement. NSSBI respects the intellectual property rights of others and requires that its users do the same. If you believe that content available on a Platform Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“) to respond to such concerns, as follows:

The NEXT Steps Small Business Incubator Publishing Company, 3104 Briarcliff Road NE, P.O. Box 29605, Atlanta, GA 30345 Attn: DMCA Agent, Legal Email: info@nextstepsyep.org

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

Submission of Feedback. If you choose to provide us with feedback or ideas on our Platforms or Online Educational Content, (collectively, “Feedback “) you acknowledge and agree (i) that you have no expectation of review, compensation or consideration of any type for the Feedback; and (ii) we will be free to use and exploit such Feedback in our discretion and without compensation or obligation to you.
Protection of Student Personal Information. Please see our Privacy Policy for information about (i) our practices related to collection, use and deletion of Personal Information, including how Students or their parents/legal guardians can access, review, and update Personal Information, (ii) the security measures we have in place designed to safeguard Student Records, including employee training, (iii) our procedures for responding to a security breach, and (iv) how we work with Schools to comply with the Family Educational Rights and Privacy Act, including the Protection of Pupil Rights Amendment (“FERPA”). See our Privacy Policy.
Definitions. For your ease of use, the following is a list of defined terms, as used above:
1. “Administrator” means a School official, IT personnel, or other non-Teacher personnel who holds authorized access to a K-College/Adult Learning Platform.
2. “Documentation” means technical descriptions of the features and functions of a K-College/Adult Learning Platform, as further defined in Section 4.4 (Nature of K-College/Adult Learning Platforms; Innovation).
3. “Educators” means (i) Schools, (ii) Administrators, and (iii) Teachers.
4. “General Information” means information and associated informational services, made available via a Platform Website, that describe or illustrate NSSBI’s Online Educational Content.
5. “NSSBI” means The NEXT Steps Small Business Incubator Publishing Company
6. “NSSBI Intellectual Property” means intellectual property rights owned by NSSBI (or its licensors) that are embodied in the K-College/Adult Learning Platforms, the Online Educational Content, the Platform Websites, and the General Information including, 9here applicable, rights under patent law, copyright law, trade secret law, and trademark law.
7. “Interactive Features” means those features of a K-College/Adult Learning Platform that allow a Platform User to upload, post, or create User Content.
8. “K-College/Adult Learning Platform” or “Platform” means an NSSBI online K-College/Adult learning platform, including the Community On Demand Learning Management System and The Money Guide for Young Entrepreneurs Activity Workbook & Online Course platforms. The term “K-College/Adult Learning Platform” includes the Online Educational Content available on that Platform.
9. “Online Educational Content” means the electronic textbooks, graphics, animations, video recordings, audio recordings, artwork, and other educational content NSSBI makes available through a K-College/Adult Learning Platform via Password-Protected Pages.
10. “Open Pages” means those pages of a Platform Website that are made available without password requirements.
11. “Password-Protected Pages” means those pages of a Platform Website that are made available only to users with requisite password credentials.
12. “Platform Users” means (i) Schools; (ii) Administrators; (iii) Teachers; and (iv) Students.
13. “Platform Website” means a website that hosts a K-College/Adult Learning Platform.
14. “School” means (i) an educational institution in a contractual relationship with NSSBI regarding one or more K-College/Adult Learning Platforms; and (ii) home schooling parents, tutoring centers and other formal and informal learning programs that similarly have entered into a contractual relationship with NSSBI regarding one or more K-College/Adult Learning Platforms.
15. “School-Designated Educational Content” means the Online Educational Content acquired by a School for its curricula, via the K-College/Adult Learning Platform at issue.
16. “Site Visitors” means visitors viewing or interacting with a Website Platform’s Open Pages.
17. “Student” means an individual receiving educational instruction via our learning platform. The term “student” includes individuals within the K–12 age group.
18. “Student Records” has the same meaning as “Pupil Records,” as defined in Section 49073.1 of the California Education Code.
19. “Teachers” means those teachers of a School who hold authorized access to Online Educational Content via a K-College/Adult Learning Platform.
20. “Technical Support” means the support we provide for our K-College/Adult Learning Platforms, as further described in Section 5 (Technical Support).
21. “Terms” means these Terms of Use for K-College/Adult Learning Platforms.
22. “User Content” means information, assignments or other school-related materials a Platform User submits to the Platform. By way of clarifying example, the term “User Content” does not include statistical information, analytics, or other anonymized data relating to use of a K-College/Adult Learning Platform, nor does the term User Content include NSSBI Intellectual Property.
23. “We” or “Us” means NSSBI.
24. “You” means a Site visitor or Platform User.
Contact Us.

You may contact us with questions concerning these Terms.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Online Privacy Policy Agreement” tab_id=”1649950797598-48900109-ffcb”][vc_column_text css=”.vc_custom_1649954624106{margin-top: 15px !important;}”]Privacy Policy for NSSBI Products

Last Updated: September 2, 2020 (prior version effective May 3, 2016)

NEXT Steps Small Business Incubator Publishing Company (“NSSBI,” “we” or “us”) The Learning Company® is a school service provider. We provide educational materials and related services to schools via a set of online learning platforms, educational software and digital applications (our Products”). This Privacy Policy (this “Policy”) governs our privacy practices for each Product that links to this Policy. Where capitalized terms are used in this Policy without definition, their definitions may be found in Section 20.

Our Customers, Users and our Commitment to Privacy

We have created our Products to assist our school/school district customers (each, a “Customer”) in providing personalized and rewarding online educational experiences to their students. We believe that transparent and strong privacy practices foster these experiences, and we provide this Policy in that spirit. Our Customer agrees to this Policy and any updates, on behalf of its administrators, teachers, students, and students’ parents or guardians (collectively, “Users”). Our Customer is responsible for collecting appropriate User consents that may be required in order to share their Users’ Personal Information with us.

Updates to this Privacy Policy

The date on which this Policy was last revised is identified at the top of this page. We will post any updates we make to this Policy from time to time on this page. If we make material changes to how we treat our Users’ Personal Information, we will notify our Customer by email and/or through a notice on the Product’s home page. Any changes will become effective when we post the revised Policy or, in the case of any material changes, provide the revised Policy to our Customer. The Customer is responsible for ensuring we have an up-to-date active and deliverable email address on file, and for periodically visiting the Product’s home page and this Policy to check for any updates.

Our Compliance With COPPA And FERPA

We recognize the sensitive nature of Personal Information concerning students under age 13, and concerning PreK-12 students generally, where the information is contained in a school’s educational records. This Personal Information is protected under either or both of the following federal statutes: COPPA and FERPA. Our privacy practices comply with both COPPA and FERPA.

The Scope of Our Privacy Policy

This Policy governs our privacy practices with respect to all Personal Information that Users submit, or that we collect in connection with our Products. This Policy governs not only our practices with respect to students’ Personal Information, but also with respect to the Personal Information of teachers and school administrators who use our Products.

Consent from Schools regarding Students’ Personal Information

COPPA permits a school, acting in the role of “parent,” to provide required consents regarding Personal Information of students who are under the age of 13. Where a school is the subscriber to our Products, we rely on this form of COPPA consent. We provide the school with this Policy, to ensure that the school, in providing its COPPA consent, has full information and assurance that our practices comply with COPPA.

FERPA permits a school to provide educational records (including those that contain students’ Personal Information) to certain service providers without requiring the school to obtain specific parental consent. FERPA permits this where the service provider acts as a type of “school official” by performing services, for example, that would otherwise be performed by the school’s own employees. We fulfill FERPA requirements for qualifying as a school official by, among other steps, giving the school direct control with respect to the use and maintenance of the education records at issue (including associated personal information), and refraining from re-disclosing or using this Personal Information except for purposes of providing our Products to the school. We comply with FERPA by relying on this form of consent.

Access and Control of Personal Information

School administrators and (where applicable) teachers hold access to Personal Information of the students for whom they are responsible, and they are able to update this information in the manner permitted by our Products. School administrators and teachers are similarly able to access and update their own Personal Information. Users should contact their schools if they have questions about their data, including third parties with whom their data may be shared, and how to receive a copy of their data. The parents of a student can obtain access — through their child’s school — to information concerning their child that is available on our Products. To do so, the parent should follow the school’s procedures for access under FERPA. We cooperate with and facilitate the school’s response to these access requests. We limit access to Personal Information to only our employees and Our Service Providers (i) who have a need to know such information, and (ii) who use the information only for the educational purposes of operating, maintaining and supporting our Products and delivering our services.

Consents from Other Users Who are Not Students

In addition to our Customers’ obtaining consents regarding Personal Information of Users other than students (such as teachers and school administrators) on our behalf, we may also obtain consents regarding such Personal Information. To obtain these consents we (a) notify the Users of our privacy practices by including links to this Policy within our Products, and (b) rely on their continued use of our Products to indicate their consent to this Policy.

The Types of Information We Collect

We limit our collection of Personal Information to no more than is reasonably necessary for the User at issue to experience our Products. Specifically, we collect the following types of information:

8.1. School Administrator Information: we collect registration information from a school administrator when the school administrator activates the school’s subscription account, which may include the school administrator’s own first and last name, business address and phone number, date of birth, email address, profile information and username;
8.2. Teacher Information: we collect registration information from a teacher or school administrator when the teacher (or school administrator) activates the teacher’s account, which may include the teacher’s first and last name, business address and phone number, date of birth, email address, profile information and username; additionally, we may collect information that constitutes Performance Review Data;
8.3. Student Information: we collect registration information from a teacher or school administrator when the teacher (or school administrator) activates the account of an individual student, which may include the student’s first and last name, student ID numbers, email address, username and other information which may include gender, race, ethnicity and other demographic information, learning level and performance data. We may combine information about a student with information about his or her school, such as its location;
8.4. Student Parent/Guardian Information: we collect information about a student’s parent or guardian, such as names and email addresses, and we may associate it with the student’s information;
8.5. Schoolwork Information: we collect information contained in student homework, assignments, student compositions and reports, tests, test results, grades, and other exchanges over our Products;
8.6. School Administrator or Teacher submitted information: we collect information and content submitted by a school administrator or teacher, such as lesson plans and notes;
8.7. User-Generated Content: we collect information that students and other Users provide in connection with submitting user-generated content, and participating in collaborative features of our Products (where applicable). Examples of user-generated content that might contain Personal Information include notes, stories, responses to questions and teacher assignments (either in text, image, audio, or video format), responses to student’s submissions (either in text, image, audio, or video format), drawings that allow text or free-hand entry of information, activities, game play, assessments, and other information provided in open-text and open-form fields or posted to a bulletin board viewable by others. If a teacher chooses not to set individual passwords for his or her students’ accounts, then other students may be able to access an individual student’s notes or other work;
8.8. Usage Information: we collect usage, viewing, analytics, and technical data, including device identifiers and IP addresses, relating to Users of our Products;
- 8.8.1. For certain of our Products, the name and email address of an individual to whom a User wishes to send content from the Products. We use the information only to send the message, and we do not retain it.
- 8.8.2. Information about how, where, in a general sense (based on IP address), when, and for how long a User accesses and uses our Products, as well as what content they view, what actions they take (including, for example, clicks, touches, and hovers using a mouse), and how they navigate through our Products. We may use cookies, pixel tags, and other technologies to collect this information, as further explained in Section 10.
- 8.8.3. Information from and about the User’s device, such as mobile device type, browser type and version, operating system name and version, IP address, and referring URL. We collect this information automatically when a User accesses our services, to help us understand usage, diagnose problems, administer our Products, and provide support.

If we discover that we have collected information in a manner inconsistent with the requirements of COPPA or FERPA, we will either (a) delete the information or (b) promptly seek requisite consents before taking further action concerning the information.

How We Collect Personal Information

Our Products collect Personal Information in several ways. School administrators and teachers provide Personal Information during the registration process. Teachers and students also submit Personal Information during the normal operation and support of our Products. They submit this information, for example, when creating and responding to teaching assignments and student submissions, and otherwise engaging in educational and other activities available on our Products. NSSBI also collects usage information through technology, such as cookies, as further explained in Section 10 below.

Cookies

NSSBI collects usage information through technology, such as cookies, pixel tags, flash cookies, browser analysis tools, server logs, web beacons, and persistent identifiers. We use cookies, IP addresses, and other persistent identifiers to authenticate users in order to ensure that only authorized individuals are permitted access to our Products, and so that we can understand how a User engages with our Products, such as identifying what links are clicked and what content is accessed and for how long. This information allows us to improve our user interface and create a better product, such as by making commonly accessed content easier to reach or by more prominently displaying content that has been less frequently accessed.

Certain features (or all features) of our Products may be hosted on third party sites, and in those instances the collection activities described above may be undertaken by this third party, under our direction and control and consistent with this Policy. Most information we collect using technological means is collected only in a non-identifiable way where no information that could be linked to an individual User is used, such as for website optimization and tracking website traffic patterns. If Personal Information is collected, this Policy governs how we use Personal Information.

How We Use Personal Information

In addition to the uses described above, and subject to any restrictions imposed by applicable laws or our agreement with our Customer, we may use and disclose the Personal Information we collect for the following purposes:

11.1. To provide our Customer and their authorized Users with the content and features available through our Products and to tailor and optimize the use of any of our Products to the needs of a particular school, classroom or student;
11.2. To permit school administrators and teachers to review students’ work, monitor students’ performance and progress, plan lesson, and otherwise support instruction;
11.3. To permit parents and guardians to review their children’s work and monitor their performance and progress;
11.4. To offer students immediate feedback and continuous support, permit them to access information shared by their teachers, suggest other content or activities for them, help them track their own progress and maintain a file of their work, allow them to create a collection of books or other content, permit them to play games with other students, and adjust instruction to meet their needs;
11.5. To offer teachers and administrators immediate feedback, Product optimization recommendations, and continuous support, permit them to access information shared by other teachers or administrators such as video playback of classroom recordings for purposes of professional development, and suggest other content or activities for their lesson plans or professional development;
11.6. To communicate with school administrators and teachers about the applicable subscription account or transactions with us, and to send information about our Product’s, content, features and usage;
11.7. To permit school administrators and teachers to use our Products’ profile, social networking, and professional development features. These features permit the sharing of the User’s username and other profile information with other Users. They also allow Users to communicate and share content with one another and, in some cases, with the public. We urge the school administrator and teacher users of our social networking features to be careful when deciding to disclose information through them;
11.8. To provide our Customer, as well as their administrators and teachers with various types of reports, such as reports detailing the performance and progress of a particular school district, school, classroom, or student;
11.9. To communicate with school administrators and teachers, subject to any communications preferences they express;
11.10. To ensure that our Products run properly and are presented optimally, and for Product improvement;
11.11. To diagnose problems, troubleshoot issues, and provide maintenance and support;
11.12. To personalize a Product’s content and experiences for students, teachers, and other Users of the platform, such as by using the appropriate language, displaying their name on the user dashboard or permitting a student to view a profile picture of his or her teacher; and
11.13. To detect, investigate and prevent activities that may violate our policies or be illegal.

How We Use De-Identified Information

12.1. We do not as a rule allow third-party operators to collect Personal Information through persistent identifiers on our Products for any purpose other than the internal operations, support and maintenance of our Products. Further, we do not use, or permit third parties to use, Personal Information collected through our Products for the purpose of targeted advertising.
12.2. We may use aggregate information that does not permit the identification of any individual User or Customer for analytics purposes, to understand how our Products are accessed and used, and how they perform, so that we may improve upon their design and functionality and otherwise develop and improve upon our products and services, and to develop analytics studies. We may disclose these studies to third parties, including to demonstrate product efficacy;
12.3. Finally, we de-identify usage information in accordance with COPPA and FERPA, and use this de-identified Information, in order to develop, evaluate, and provide improved educational products and services, as permitted under COPPA and FERPA. To the extent we collect information that constitutes Performance Review Data, we protect such information as Personal Information in accordance with this Policy.

We Do Not Share Personal Information Except In Specific, Limited Circumstances

We use Personal Information for our internal purposes only, with the following limited exceptions. We disclose Personal Information:

In response to the request of a law enforcement agency, governmental authority or other authorized public agency, including a request by a children’s services agency or by the school at issue;
To protect the security or integrity of our Products and associated applications and technology, as well as the technology of Our Service Providers;
To the extent we believe necessary or appropriate to protect our rights, safety, or property and/or that of our affiliates, our customers, our users or others;
To enable us to take precautions against liability, enforce legal rights, and to detect, investigate and prevent activities that violate our policies or that are illegal;
If we are directed to do so by a subscribing school in connection with an investigation related to public safety, the safety of a student, or the violation of a school policy;
If we are directed to do so by a subscribing school in connection with a student or parent/guardian request, as appropriate;
To Our Service Providers, to permit them to provide the contracted services to us;
In the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case the transferred information will remain subject to the terms of this Policy; and
In other cases, if we believe in good faith that disclosure is required by law.

Third Party Services

We require Our Service Providers to agree in writing to terms that are no less restrictive regarding Personal Information that we share with them than the terms contained in this Policy. Upon written request, we will provide a list of Our Service Providers to our Customer. This Policy does not address, and we are not responsible for, the privacy, information, or other practices of any other third parties, including any third party operating any site or service to which our Products may link. The inclusion of a link in any of our Products does not imply our endorsement of the linked site or service. We are not responsible for the privacy, information or other practices of other organizations, such as Apple, Google, Microsoft, RIM, or any other device manufacturer, app developer, or provider of an app, social media platform, operating system, or wireless service.

How We Protect Personal Information

We have implemented and maintain reasonable organizational, technical, administrative and physical security controls that are designed to protect the security, confidentiality and integrity of personal information collected through our Products from unauthorized access, disclosure, use, loss or modification. Our information security controls comply with reasonable and accepted industry practice, as well as requirements under COPPA and FERPA. We diligently follow these information security controls and periodically review and test our information security controls to keep them current.

15.1. Information Security Procedures. We will:
- Standard of Care. Keep and maintain all Personal Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use, modification, or disclosure;
- Use for School Purposes Only. Collect, use, and disclose Personal Information solely and exclusively for the purposes for which Users provided to us the Personal Information, or access to it, and not use, sell, rent, transfer, distribute, modify, data mine, or otherwise disclose or make available Personal Information for our own purposes or for the benefit of anyone other than the Customer, without the Customer’s prior written consent or as permitted by this Policy;
- Non-Disclosure. Not, directly or indirectly, disclose Personal Information to any person other than our employees and Our Service Providers who have a need to know, without express written consent from the Customer;
- Employee Training. Provide appropriate privacy and information security training to our employees.
- Transport Security. Use Transport Layer Security (TLS) for our transmission of all user data to and from our Products; and
- Secure Storage. Use industry standard file encryption for user data that is subject to protection under either COPPA, FERPA, or both. Where file encryption is not reasonably feasible, we employ other industry standard safeguards, protections, and countermeasures to protect such data, including authentication and access controls within media, applications, operating systems and equipment.
15.2. Data Location and Security. We use third party cloud service providers in the delivery and operation of our Product(s), and data (including Personal Information) is stored on the servers of our cloud service providers. Our contracts with our cloud service providers require them to implement reasonable and appropriate measures designed to secure content against accidental or unlawful loss, access, or disclosure. Our cloud service providers have at least the following security measures in place for their networks and systems: (i) secure HTTP access (HTTPS) points for customer access, (ii) built-in firewalls, (iii) tested incident response program, (iv) resilient infrastructure and computing environments, (v) ITIL based patch management system, (vi) high physical security based on SSAE-16 standards, and (vii) documented change control processes. To the extent we store personal information internally on our servers, we comply with the information security controls set out in Section 15.1.
15.3. Data Breach Response. In the event of a security breach involving Personal Information, we will take prompt steps to mitigate the breach, evaluate and respond to the intrusion, and cooperate and assist our Customer in their efforts with respect to (i) responding to the breach, including the provision of notices to data subjects; and (ii) engaging mutually agreeable auditors or examiners in connection with the security breach, subject to reasonable notice, access and confidentiality limitations.

Our Retention and Deletion of Personal Information

We retain Personal Information of Users of our Products (i) for so long as reasonably necessary (ii) to permit the User to participate with the Products, (iii) to ensure the security of our Users and our services, or (iv) as required by law or contractual commitment. After this period has expired, upon written instruction by the Customer, we will delete the Personal Information from our systems. Please understand that these deletion periods apply only to Personal Information and do not apply to De-identified Information. We retain De-Identified information in accordance with our standard practices for similar information, and do not retain or delete such information in accordance with this Policy.

In addition, if requested by a Customer, we will delete from our Products the Personal Information of the Customer’s Users as the Customer directs. Deleting this information will prevent the User from engaging in some or all features of our Products. Where required by applicable law, we will delete such information and provide a certification of such deletion.

Georgia Parents’ Bill of Rights for Data Privacy and Security

The Georgia Parents’ Bill of Rights for Data Privacy and Security (the “GA Privacy Bill of Rights”) addresses the relationship between schools and their third party contractors in addition to the schools’ relationships with parents. The only elements of the GA Privacy Bill of Rights that are incorporated herein are those provisions directed to third party contractors (“Contractor Privacy Provisions”). NSSBI agrees to comply with the Contractor Privacy Provisions for Customers in the State of Georgia. In the event of a direct conflict between this Policy and the GA Privacy Bill of Rights, the GA Privacy Bill of Rights will control.

Contact Us

You may contact us with questions or concerns regarding this Policy at the following address info@nextstepsyep.org

Do Not Track

Our Products do not change their behavior when receiving the “Do Not Track” signal from browser software.

Definitions

“COPPA” means the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, including the rules and regulations promulgated thereunder, in each case as amended.

“De-identified information” means information that meets each of the following criteria: the information (i) does not identify a particular natural person; (ii) does not identify, by network Internet Protocol address, raw hardware serial number, or raw MAC address, a particular device or computer associated with or used by a person; (iii) does not identify the school at issue by name or address; and (iv) is not reasonably linkable to a particular natural person or school because of technical, legal, or other controls.

“FERPA” means the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, including the Protection of Pupil Rights Amendment, including the rules and regulations promulgated thereunder, in each case as amended.

“Our Service Provider” means a third party that provides content and/or functionality for our Products, or services such as website hosting and customer service, and that has executed a written agreement containing terms regarding Personal Information that we share with them that are no less restrictive than the terms contained in this Policy.

“Parent” means a parent or legal guardian of a student.

“Performance Review Data” means professional performance review data of teachers at Customers in the State of New York related to the teacher’s effectiveness in the classroom and other measurements based upon factors including, but not limited to, student achievement or growth on state assessments or examinations, classroom observations by peers, classroom observations by trained evaluators, evaluation of lesson plans and other indicia of teacher practices. Performance Review Data includes annual professional performance data, as defined under New York state law.

“Personal Information” means information that identifies a natural person, as specified in FERPA, COPPA, the California Student Online Personal Information Protection Act, Ch. 22.2, §§ 22584 et seq. of the California Business and Professions Code, and Section 49073.1 of the California Education Code.[/vc_column_text][/vc_tta_section][vc_tta_section title=”External Links Policy” tab_id=”1563893288889-83373704-6c1c”][vc_column_text]EXTERNAL LINKS POLICY

Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.

In addition, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.

We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.

We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please send an e-mail to legal@nextstepsyep.org

This policy was last updated on June 19, 2019.

We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act).

If you subscribe to electronic newsletters or other communications from our website, you will always have an option to unsubscribe immediately.

If you have additional questions, comments or concerns, please contact us by sending an e-mail to legal@nextstepsyep.org and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:
Eagles Economic Community Development Corporation
c/o The NEXT Steps Youth Entrepreneur Program
4910 Jonesboro Road
Suite 500
Union City, Georgia 30291

Cookies
Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website.

3rd party advertising companies may also use cookies for tracking purpose.

This disclaimer was last updated on January 6th, 2019.

You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase the financial education course and any other goods or services offered for sale at this website.

No Earnings Projections, Promises Or Representations
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of the goods or services sold by us, including, but not limited to, the financial education course, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.

This includes all products and services offered by NEXT Steps including the The Money Guide for Young Entrepreneurs Curriculum Series, The Community On Demand Digital Economy & Digital Media Network, The Community On Demand STEAM Education & Life Skills Game, STEAM Education Trends Within the 17 High-Demand Career Clusters & Pathways, NEXT Steps Partners In Education Network, and The Ultimate Guide to Understanding our Digital Badge & Skillcoin Rewards System and all other products and services offered through the NEXT Steps.

The Economy
The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by goods or services purchased from us.

Your Success Or Lack Of It
Your success in using the information or strategies provided by this website, depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.

Internet businesses and earnings derived there from, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase goods or services from us, and/or any monies spent setting up, operating, and/or marketing any business or other enterprise, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

Forward-Looking Statements
MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY MATERIALS ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

Due Diligence
You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with Your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice. Nothing contained on the website or in materials available for sale or download on the website provides legal advice in any way. You should consult with your own attorney on any legal questions you may have.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

Purchase Price
Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for the financial education course, and any other goods and services sold on this website, has been arbitrarily set by us. This price bears no relationship to objective standards.

Testimonials & Examples
Testimonials and examples on this website about our financial education course and other goods and services are exceptional results, do not reflect the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials.

Please note that the content of this page can change without prior notice. This disclaimer was last updated on May 16, 2019.

You understand and agree that there are important risk factors that should be considered by you when deciding whether to implement any of the strategies or techniques taught in this financial education course.

1. No Earnings Projections, Promises or Representations. You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of this financial education course, and that we have not authorized any such projection, promise, or representation by others.

You understand that this financial education course has not been available for purchase long enough to provide an accurate earnings history.

2. The Economy. The economy, where you live and do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by this financial education course.

3. Your Success or Lack of It. Your success in using the information or strategies provided by this course depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all. Businesses and earnings derived there from, involve unknown risks and are not suitable for everyone. You may not rely on any information presented in the course or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase the course, and/or any monies spent in reliance upon the information provided in the course, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

4. Forward-Looking Statements. MATERIALS CONTAINED IN THIS COURSE, OR ON THE WEBSITE WHERE THE COURSE WAS PURCHASED, MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS IN THE COURSE OR ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIALS.

5. Due Diligence. You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with Your accountant, lawyer, investment advisor, or other appropriate professional before acting on this or any information. You may not consider any examples, documents, or other content on the course or otherwise provided by us to be the equivalent of legal, accounting, or investment advice. Nothing contained in the course or in materials available for sale or download on the website provides legal, investment, or accounting advice in any way. You should consult with your own attorney, financial investment advisor, and accountant with any questions you may have. We assume no responsibility for any losses or damages resulting from your use of any information or opportunity contained within the course, on the related website, or within any information disclosed by the owner of the course and the website in any form whatsoever.

6. Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for this financial education course has been arbitrarily set by us. This price bears no relationship to objective standards.

7. Testimonials & Examples. Testimonials and examples for this course and on the related website are exceptional results, do not reflect the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials. You understand that this course has not been available for purchase long enough for us to determine what are typical financial results.

8. How To Contact Us.
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail toLegal@nextstepsyep.org Admin@nextstepsyep.org, and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Eagles Economic Community Development Corporation
c/o The NEXT Steps Youth Entrepreneur Program
4910 Jonesboro Road
Suite 500
Union City, Georgia 30291

These terms and conditions were last updated on January 1st, 2019

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

No part of this website may be reproduced or transmitted in any form or by any means, mechanical, electronic, or otherwise, including photocopying and recording, or by any information storage and retrieval system, or transmitted by e-mail, or used in any other fashion without the express prior written permission of The NEXT Steps Youth Entrepreneur Program.

This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
DMCA Provisions

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA notifications of claimed copyright infringement to:
The Website Owner
The NEXT Steps Small Business Incubator
Dana Jewel Harris, CEO
1830 Briarcliff Circle NE
Suite B
Atlanta, GA 30329

The Internet Service Provider (“ISP”)
Hostgator.com

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

Counternotification To Claimed Copyright Infringement
If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.
Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

Copyright © 2019 The NEXT Steps Small Business Incubator, and licensed for use by The NEXT Steps Youth Entrepreneur Program, Inc at www.nextstepsyep.org. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of The NEXT Steps Small Business Incubator, Inc.[/vc_column_text][/vc_tta_section][vc_tta_section title=”CIPA – Compliant Internet Safety Policy” tab_id=”1563893862542-65cf8142-caf3″][vc_column_text]CIPA – Compliant Internet Safety Policy
1. Minors (CIPA – Compliant Internet Safety Policy)
NEXT Steps recognizes that access to technology in school gives students greater opportunities to learn, engage, communicate, and develop skills that will prepare them for work, life, and citizenship. We are committed to helping students develop 21st-century technology and communication skills. To that end, we provide access to technologies for student, staff, parent, visitor, and community use.
It is the policy of The NEXT Steps Youth Entrepreneur Program to:
(a) prevent user access over its computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications;
(b) prevent unauthorized access and other unlawful online activity;
(c) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and
(d) comply with the Children’s Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)].
DEFINITIONS
Key terms are as defined in the Children’s Internet Protection Act. This Acceptable Use Policy outlines the guidelines and behaviors that users are expected to follow when using school technologies or when using personally-owned devices on the school campus. • The NEXT Steps network is intended for educational purposes. • All activity over the network or using district technologies may be monitored and retained. • Students are expected to follow the same rules for good behavior and respectful conduct online as offline. • Misuse of school resources can result in disciplinary action. • Users of the district network or other technologies are expected to alert Technology staff immediately of any concerns for safety or security.

ACCESS TO INAPPROPRIATE MATERIAL
To the extent practical, technology protection measures (or “Internet filters”) shall be used to block or filter Internet, or other forms of electronic communications, access to inappropriate information. Specifically, as required by the Children’s Internet Protection Act, blocking shall be applied to visual depictions of material deemed obscene or child pornography, or to any material deemed harmful to minors. Subject to staff supervision, technology protection measures may be disabled for adults or, in the case of minors, minimized only for bona fide research or other lawful purposes.

TECHNOLOGIES COVERED
NEXT Steps may provide Internet access to: desktop computers, mobile computers or devices, videoconferencing capabilities, online collaboration capabilities, message boards, email, and more. As new technologies emerge, NEXT Steps will attempt to provide access to them. The policies outlined in this document are intended to cover all available technologies, not just those specifically listed.
INAPPROPRIATE NETWORK USAGE
To the extent practical, steps shall be taken to promote the safety and security of users of the Ricardo
Independent School District online computer network when using electronic mail, chat rooms, instant
messaging, and other forms of direct electronic communications.
Specifically, as required by the Children’s Internet Protection Act, prevention of inappropriate network usage
includes: (a) unauthorized access, including so-called ‘hacking,’ and other unlawful activities; and (b)
unauthorized disclosure, use, and dissemination of personal identification information regarding minors.
EMAIL

NEXT Steps may provide users (Students grades 2nd through 8th, Staff, and designated individuals/groups) with email accounts for the purpose of school-related communication. Availability and use may be restricted based on school policies.
Users are provided with email accounts, they should be used with care. Users should not send personal information; should not attempt to open files or follow links from unknown or not trusted origin; should use appropriate language; and should only communicate with other people as allowed by the district policy or the teacher.
Users are expected to communicate with the same appropriate, safe, mindful, courteous conduct online as offline. Email usage may be monitored and archived.

SOCIAL/WEB 2.0 / COLLABORATIVE CONTENT
Recognizing the benefits collaboration brings to education, NEXT Steps may provide users with access to web sites or tools that allow communication, collaboration, sharing, and messaging among users.
Users are expected to communicate with the same appropriate, safe, mindful, courteous conduct online as offline. Posts, chats, sharing, and messaging may be monitored. Users should be careful not to share personally-identifying information online;

SECURITY
Users are expected to take reasonable safeguards against the transmission of security threats over the school network. This includes not opening or distributing infected files or programs and not opening files or programs of unknown or not trusted origin.
If you believe a computer or mobile device you are using might be infected with a virus, please alert the Technology staff. Do not attempt to remove the virus yourself or download any programs to help remove the virus.

DOWNLOADS
Users should not download or attempt to download or run .exe programs over the school network or onto
school resources without express permission from the Technology staff.
You may be able to download other file types, such as images of videos. For the security of our
network, download such files only from reputable sites, and only for education purposes.

PLAGIARISM
Users should not plagiarize (or use as their own, without citing the original creator content, including words or
images, from the Internet. Users should not take credit for things they didn’t create themselves, or misrepresent
themselves as an author or creator of something found online. Research conducted via the Internet should be
appropriately cited, giving credit to the original author.

PERSONAL SAFETY
Users should never share personal information, including phone number, address, social security number,
birthday, or financial information, over the Internet without adult permission. Users should recognize that
communicating over the Internet brings anonymity and associated risks, and should carefully safeguard the
personal information of themselves and others. Users should never agree to meet someone they meet online in
real life without parental permission.
If you see a message, comment, image, or anything else online that makes you concerned for
your personal safety, bring it to the attention of an adult (teacher or staff if you’re at school;
parent if you’re using the device at home) immediately.

CYBER BULLYING
Cyber bullying will not be tolerated. Harassing, dissing, flaming, denigrating, impersonating, outing, tricking, excluding, and cyber stalking are all examples of cyberbullying. Don’t be mean. Don’t send emails or post comments with the intent of scaring, hurting, or intimidating someone else.
Engaging in these behaviors, or any online activities intended to harm (physically or emotionally) another person, will result in severe disciplinary action and loss of privileges. In some cases, cyber bullying can be a crime. Remember that your activities are monitored and retained.

EDUCATION, SUPERVISION AND MONITORING
It shall be the responsibility of all members of the Ricardo Independent School District staff to educate, supervise and monitor appropriate usage of the online computer network and access to the Internet in accordance with this policy, the Children’s Internet Protection Act, the Neighborhood Children’s Internet Protection Act, and the Protecting Children in the 21st Century Act.
Procedures for the disabling or otherwise modifying any technology protection measures shall be the responsibility of Superintendent or designated representatives.
The Superintendent or designated representatives will provide age appropriate training for students who use the Ricardo Independent School District’s Internet facilities. The training provided will be designed to promote the Ricardo ISD’s commitment to:
a. The standards and acceptable use of Internet services as set forth in the Ricardo Independent School District’s Internet SafetyPolicy;
b. Student safety with regard to:
i. safety on theInternet;
ii. appropriate behavior while on online, on social networking Web sites, and in chat rooms; and
iii. cyberbullying awareness andresponse.
c. Compliance with the E-rate requirements of the Children’s Internet Protection Act
(“CIPA”).
Following receipt of this training, the student will acknowledge that he/she received the training,
understood it, and will follow the provisions of the District’s acceptable use policies.

LIMITATION OF LIABILITY
NEXT Steps will not be responsible for damage or harm to persons, files, data, or hardware.
While NEXT Steps employs filtering and other safety and security mechanisms, and attempts to ensure their proper function, it makes no guarantees as to their effectiveness.
NEXT Steps will not be responsible, financially or otherwise, for unauthorized transactions conducted over the school network.
[/vc_column_text][/vc_tta_section][vc_tta_section title=”NEXT Steps Acceptable Use Policy” tab_id=”1563894022192-048ac82b-3dc8″][vc_column_text]NEXT Steps Acceptable Use Policy

INTRODUCTION
NEXT Steps recognizes that access to technology in school gives Students, Staff, and
Guests (henceforth: Users) greater opportunities to learn, engage, communicate, and
develop skills that will prepare them for work, life, and citizenship. We are committed to
helping Users develop 21st-century technology and communication skills. To that end, we
provide access to technologies for Users use. This Acceptable Use Policy outlines the
guidelines and behaviors that Users are expected to follow when using school technologies
or when using personally-owned devices on the school campus.
● The NEXT Steps network is intended for educational purposes.
● All activity over the network or using district technologies may be monitored and
retained.
● Access to online content via the network may be restricted in accordance with our
policies and federal regulations, such as the Children’s Internet Protection Act(CIPA).
● Users are expected to follow the same rules for good behavior and respectful conduct
online as offline.
● Misuse of school resources can result in disciplinary action.
● NEXT Steps makes a reasonable effort to ensure Users’ safety and security online, but
will not be held accountable for any harm or damages that result from use of school
technologies.
● Users of the district network or other technologies are expected to notify Ricardostaff
immediately of any concerns for safety or security.

TECHNOLOGIES COVERED
NEXT Steps may provide Internet access, desktop computers, mobile computers or
devices, videoconferencing capabilities, online collaboration capabilities, and more.
As new technologies emerge, NEXT Steps will attempt to provide access to them. The
policies outlined in this document are intended to cover all available technologies, not just
those specifically listed.

USAGE POLICIES
All technologies provided by the district are intended for education purposes. All Users are
expected to use good judgment and to follow the specifics of this document as well as the spirit
of it: be safe, appropriate, careful and kind; don’t try to get around technological protection
measures; use good common sense; and ask if you don’t know.
WEB ACCESS
NEXT Steps provides its Users with access to the Internet, including web sites, resources,
content, and online tools. That access will be restricted in compliance with CIPA regulations and
school policies. Web browsing may be monitored and web activity records may be retained
indefinitely.

SOCIAL/WEB 2.0 / COLLABORATIVE CONTENT
Recognizing the benefits collaboration brings to education, NEXT Steps may provide Users
with access to web sites or tools that allow communication, collaboration, sharing, and
messaging among users. Users should be careful not to share personally-identifying
information online.

MOBILE DEVICES POLICY
NEXT Steps may provide Users with mobile computers or other devices to promote learning
outside of the classroom. Users should abide by the same acceptable use policies when
using school devices off the school network as on the school network. Users are expected to
treat these devices with extreme care and caution; these are expensive devices that the
school is entrusting to your care. Users should report any loss, damage, or malfunction to
Ricardo staff immediately. Users may be financially accountable for any damage resulting
from negligence or misuse. Use of school-issued mobile devices off the school network may
be monitored.

PERSONALLY-OWNED DEVICES POLICY
Students should keep personally-owned devices (including laptops, tablets, smart phones, and
cell phones) turned off and put away during school hours—unless in the event of an emergency
or as instructed by a teacher or staff for educational purposes. Because of security concerns,
when personally-owned mobile devices are used on campus, they should not be used over the
school network without express permission from IT staff.

DOWNLOADS
Users should not download or attempt to download or run programs over the school network
or onto school resources without express permission from Ricardo staff. You may be able to
download other file types, such as images of videos. For the security of our network,
download such files only from reputable sites, and only for education purposes.

NETIQUETTE
Users should always use the Internet, network resources, and online sites in a courteous
and respectful manner. Users should also recognize that among the valuable content online
is unverified, incorrect, or inappropriate content. Users should use trusted sources when
conducting research via the Internet. Users should also remember not to post anything
online that they wouldn’t want parents, teachers, or future colleges or employers to see.
Once something is online, it’s out there—and can sometimes be shared and spread in ways
you never intended.

PLAGIARISM
Users should not plagiarize (or use as their own, without citing the original creator) content, including words
or images, from the Internet. Users should not take credit for things they didn’t create themselves, or
misrepresent themselves as an author or creator of something found online. Research conducted via the
Internet should be appropriately cited, giving credit to the original author.

PERSONAL SAFETY
Users should never share personal information, including phone number, address, social security number,
birthday, or financial information, over the Internet without adult permission. Users should recognize that
communicating over the Internet brings anonymity and associated risks, and should carefully safeguard the
personal information of themselves and others. Users should never agree to meet someone they meet
online in real life without parental permission. If you see a message, comment, image, or anything else
online that makes you concerned for your personal safety, bring it to the attention of an adult (teacher or
staff if you’re at school; parent if you’re using the device at home) immediately.

CYBERBULLYING
Cyberbullying will not be tolerated. Harassing, dissing, flaming, denigrating, impersonating, outing, tricking,
excluding, and cyberstalking are all examples of cyberbullying. Don’t be mean. Don’t send emails or post
comments with the intent of scaring, hurting, or intimidating someone else. Engaging in these behaviors,
or any online activities intended to harm (physically or emotionally) another person, will result in severe
disciplinary action and loss of privileges. In some cases, cyberbullying can be a crime. Remember that
your activities are monitored and retained.

I will:
✓ Use school technologies for school-related activities.
✓ Follow the same guidelines for respectful, responsible behavior online that I am expected
to follow offline.
✓ Treat school resources carefully, and alert staff if there is any problem with their operation.
✓ Encourage positive, constructive discussion if allowed to use communicative or
collaborative technologies.
✓ Alert a teacher or other staff member if I see threatening, inappropriate, or harmful content (images,
messages, posts) online.
✓ Use school technologies at appropriate times, in approved places, for educational pursuits.
✓ Cite sources when using online sites and resources for research.
✓ Recognize that use of school technologies is a privilege and treat it assuch.
✓ Be cautious to protect the safety of myself and others.
✓ Help to protect the security of school resources.

I will not:
✓ Use school technologies in a way that could be personally or physically harmful.
✓ Attempt to find inappropriate images or content.
✓ Engage in cyberbullying, harassment, or disrespectful conduct toward others.
✓ Try to find ways to circumvent the school’s safety measures and filtering tools.
✓ Use school technologies to send spam or chain mail.
✓ Plagiarize content I find online.
✓ Post personally-identifying information, about myself or others.
✓ Agree to meet someone I meet online in real life.
✓ Use language online that would be unacceptable in the classroom.
✓ Use school technologies for illegal activities or to pursue information on such activities.
✓ Attempt to hack or access sites, servers, or content that isn’t intended for my use.

INTERNET SAFETY TRAINING
NEXT Steps will provide age-appropriate training for Users who use the NEXT Steps Internet facilities.
The training provided will be designed to promote the schools commitment to: The standards and
acceptable use of Internet services as set forth in the NEXT Steps Internet Safety Policy; Student safety
with regard to:
✓ safety on the Internet; sexting
✓ appropriate behavior while on online, on social networking Web sites, and in chat rooms; and
✓ cyberbullying awareness and response.
✓ Compliance with the E-rate requirements of the Children’s Internet Protection Act (“CIPA”).

Following receipt of this training, the User will acknowledge that he/she received the training, understood
it, and will follow the provisions of the District’s acceptable use policies.
NEXT Steps will not be responsible for damage or harm to persons, files, data, or hardware.
While NEXT Steps employs filtering and other safety and security mechanisms, and attempts to ensure their
proper function, it makes no guarantees as to their effectiveness.

NEXT Steps will not be responsible, financially or otherwise, for unauthorized transactions conducted
over the school network.
Violations of this Acceptable Use Policy
Violations of this policy may have disciplinary repercussions, including:
● Suspension of network, technology, or computer privileges
● Notification to parents
● Detention or suspension from school and school-related activities
● Legal action and/or prosecution
Violations of this Internet Safety Policy
Violations of this policy may have disciplinary repercussions, including:
● Suspension of network, technology, or computer privileges
● Notification to parents
● Detention or suspension from schooland school-related activities
● Legal action and/orprosecution
[/vc_column_text][/vc_tta_section][vc_tta_section title=”Live Event Policies” tab_id=”1563894226269-34654852-f083″][vc_column_text]Live Event Policies

Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.

IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS ON THIS ENTIRE PAGE, DO NOT ATTEND OUR EVENT.
2. Minors (CIPA – Compliant Internet Safety Policy)
NEXT Steps recognizes that access to technology in school gives students greater opportunities to learn, engage, communicate, and develop skills that will prepare them for work, life, and citizenship. We are committed to helping students develop 21st-century technology and communication skills. To that end, we provide access to technologies for student, staff, parent, visitor, and community use.
It is the policy of The NEXT Steps Youth Entrepreneur Program to:
(a) prevent user access over its computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications;
(b) prevent unauthorized access and other unlawful online activity;
(c) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and
(d) comply with the Children’s Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)].

3. Filming and Photography
The training environments NEXT Steps programs use and create for learning and engagement activities will be filmed, recorded and photographed. If you enter into a venue that is conducting a NEXT Steps learning and engagement activity, your voice and image will be recorded.
If you do not want to be on film, in a photograph or a part of any other media form – Do not enter any NEXT Steps training environment.
If you do not want your image to be filmed or recorded, — do not attend any NEXT Steps live events.
I do hereby give my assigns, licensees, and legal representatives the irrevocable right to use my name (or any fictional name), picture, portrait, recorded voice or photograph in all forms and media and in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and I waive any right to inspect or approve the finished version(s), including written copy that may be created in connection therewith. I have read this release and am fully familiar with its contents.
The NEXT Steps Youth Entrepreneur Program has the right to reproduce my image, voice and interviews through any media, at this venue or elsewhere, for advertising, testimonials, trade films, web films, articles, books, audio, video tape, movie film, etc.
I agree that I will not assert or maintain against you, your successors, assigns and licensees, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to, those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any other reason in connection with your authorized use of my physical likeness and sound in the documentary as herein provided. I hereby release you, your successors, assigns and licensees, and each of them, from and against any and all claims, liabilities, demands, actions, causes of action(s), costs and expenses whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, which I ever had, now have, or may, shall or hereafter have by reason, matter, cause or thing arising out of your use as herein provided.

4. Liability Waiver
By attending a NEXT Steps live event in any capacity you agree that Organizer (The NEXT Steps Youth Entrepreneur Program) is not liable for any personal injury, death, theft or other incidents that may occur at the event. The Organizer is not liable for any harassing, defamatory, illegal or improper conduct or remarks by the celebrities or speakers at the event.

5. License Agreement
The NEXT Steps Youth Entrepreneur Program (“NEXT Steps” or “Licensor”) grants the registered user of NEXT Steps’ Online Training Academy Group Package (“Licensee”) a limited, non-exclusive, license to use the NEXT Steps’ Money Guide for Young Entrepreneurs Curriculum & STEAM Education Micro-Credentialing Program (“Program”). This license is non-transferable and is limited to the Licensee that registered for the Program in accordance with the terms below.
The NEXT Steps retains the copyright and all rights not expressly granted to Licensee. In consideration for the rights granted under this Organization License Agreement (“Agreement”), the Licensee agrees to be bound to the terms herein and agrees that this License shall govern the rights and obligations of the Licensor and Licensee.

6. License Acceptance.

7. The End User accepts the Organization License Agreement by doing any of the following:
a) Logging onto the Licensees Programs and Training webpage.
b) Receiving any Program material sent electronically or via other delivery methods to the Licensee by the Licensor or the Licensor’s third party distributors, product fulfillment companies or personnel.
c) Downloading any of the Training or Program material.
d) Signing and returning this Agreement.

2. Authorized End User. This Agreement applies to the person registered that is identified through the name and email address entered when registering for the Program and can be defined as a single individual that will utilize this material (“End User”). The End User is responsible to notify others within their organization that they are bound by the terms of this Agreement. The Licensee may change the End User by notifying NEXT Steps within seven (7) days of the purchase.

3. License Granted. This licensing agreement is for a non-exclusive, revocable license to use content for non-commercial education purposes.
a) License may make up to 50 copies of the Activity Worksheets associated with the free material provided through the Program. Additional copies may be requested by purchasing Activity Worksheets from our website at www.nextstepsyep.org.
b) No copies may be made of the Instructor Guides, Lesson Guides or PowerPoint presentations.
4. Prohibited Uses. The Licensee recognizes and agrees that the Program, Training and Presentations are the property of the Licensor, NEXT Steps Youth Entrepreneur Program, and are copyrighted. The Program contains proprietary information of The NEXT Steps Youth Entrepreneur Program and the Licensee may not do any of the following:
a. Copy, reproduce, display, share or disclose information other than as consistent with the License Granted section of this Agreement.
b. Sell, transfer, license, rent, sublicense, repurpose, combine or adapt the Programs or use them in any manner not expressly authorized by this agreement.
c. Remove or alter the copyright notice or other legal disclaimers contained within the Program, Training or Presentations.
d. Licensees may not conduct virtual events with any NEXT Steps Presentations.
e. Licensee may videotape themselves using Licensed Presentations. The total of all video clips shown to the public are limited to five (5) total minutes of the Licensed material unless pre-approved by Licensor.
f. Credit card companies, the federal reserve or lenders whose main business is in high-interest rate loans (defined as above 18% APR) or those being sponsored by these organizations are strictly prohibited from using the Material, NEXT Steps name or any other service provided by NEXT Steps without written permission.

5. Name Usage. The Licensee has approval from NEXT Steps to mention NEXT Steps’ name and/or other branded material which includes but is not limited to NEXT Steps, Money Guide for Young Entrepreneurs, Community On Demand, Community On Demand Campaign, The Pop Shop, Digital Badge & Skillcoin Rewards System, STEAM Education Trading Cards & eGift Cards, Junior Executive Management (JEM) Teams, and The STEAM Investigative Process. When naming all NEXT Steps name branded material End User must mention NEXT Steps or National Financial Educators Council. For example, the NEXT Steps’ Money Guide for Young Entrepreneurs. End User must use the name in marketing, press releases, outreach efforts, email blasts, direct mailers, television advertisements, internet marketing and all forms of media, outreach and marketing. Licensee is not permitted to use any of the Licensors name or branded names or similar names in conjunction with any domain names or corporate names.

6. Assignment. Recipient may not assign its rights, duties or obligations under this Agreement without the prior written approval of the NEXT Steps. NEXT Steps shall have the right to transfer its interest in this Agreement without the consent of the End User.

7. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Georgia, without regard to conflicts of law principles.

8. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

9. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

10. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

If to Licensee:
Information will be sent to address on file for Licensee as provided.
If to Licensor:
Eagles Economic Community Development Corporation
c/o The NEXT Steps Youth Entrepreneur Program
4910 Jonesboro Road
Suite 500
Union City, Georgia 30291

11. Entire Agreement. This Agreement constitutes the entire agreement between NEXT Steps and End User, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

12. No Earnings Projections, Promises or Representations. Licensee understands and agrees that there are important risk factors that should be considered by you when deciding whether to implement any of the strategies or techniques taught in this financial education course.
[/vc_column_text][/vc_tta_section][vc_tta_section title=”NSSBI/NSYEP Books Terms of Use” tab_id=”1649954909973-7bda6587-78d3″][vc_column_text]NSSBI & NSYEP Books Terms of Use

CONTRACT. The ordering or acceptance of any Products (defined in section 23 below) purchased from The NEXT Steps Small Business Incubator & The NEXT Steps Youth Entrepreneur Program Publishing Company (NSSBI & NSYEP) or its applicable subsidiaries or affiliates (collectively, “NSSBI & NSYEP”) by any purchaser (each a “Purchaser”) shall constitute an agreement to these standard terms and conditions set forth herein (the “Terms”). These Terms, together with those terms included in NSSBI & NSYEP’s Trade Division’s published Terms of Sale (“Terms of Sale”), (if applicable to Purchaser’s purchase), collectively constitute the sole agreement between the parties relating to the subject matter hereof, except for any agreements, amendments, or waivers agreed to in writing by both NSSBI & NSYEP and Purchaser. Any contrary or inconsistent terms to these Terms appearing on purchase orders, acknowledgments, or other documents of Purchaser or oral stipulations shall not be binding on NSSBI & NSYEP.
BILLING AND PAYMENT. All amounts owing from Purchaser to NSSBI & NSYEP with respect to any Products purchased from NSSBI & NSYEP are due within the time period specified on the applicable Terms of Sale. Accounts must be current before subsequent shipments will be made. Purchaser credit limits may be established and modified by NSSBI & NSYEP in its sole discretion. Past due accounts are subject to a one percent (1%) monthly finance charge. Unless a set-off or deduction is specifically provided for by NSSBI & NSYEP in a valid credit memo, Purchaser may not charge back to NSSBI & NSYEP or make any set-offs or deductions, including, but not limited to, set-offs or deductions for violations of customer shipping or routing guidelines and/or other promotional programs. NSSBI & NSYEP shall process any credit to Purchaser’s account in accordance with NSSBI & NSYEP’s standard practices and procedures. For any payments made by credit card, Purchaser represents and warrants that it will not use any credit card or other form of payment unless Purchaser maintains all necessary legal authorization to do so. If NSSBI & NSYEP does not receive payment from Purchaser’s credit card issuer or its agent, Purchaser agrees to pay all amounts due upon demand by NSSBI & NSYEP or its agents. Unless Purchaser notifies NSSBI & NSYEP of any discrepancies within sixty (60) days after they first appear on Purchaser’s credit card statement or NSSBI & NSYEP invoice, Purchaser agrees that they will be deemed accepted by Purchaser for all purposes, unless otherwise required by applicable law.
SHIPPING; HANDLING; RISK OF LOSS. Unless otherwise expressly indicated on the face of an order or within the applicable Terms of Sale, the shipping term for all deliveries for which Purchaser pays freight costs is F.O.B. NSSBI & NSYEP’s shipping point (whether to a NSSBI & NSYEP or third party facility). Risk of loss and title is passed to Purchaser upon transfer of the Products to the carrier. For deliveries shipped freight free, the shipping term is F.O.B. Purchaser’s destination. Shipping costs quoted are estimates and may vary from the actual costs. NSSBI & NSYEP will ship Products (defined in section 24 below) using its established methods of packing and transportation, except as otherwise instructed by Purchaser and agreed to by NSSBI & NSYEP. If Purchaser requires other packing or preparation, Purchaser will pay the additional costs. Customer assumes full liability for the materials upon freight leaving our distribution center dock.
ACCEPTANCE, PRICES, AND TERMS. Orders for Products are subject to acceptance and availability. NSSBI & NSYEP’s list prices and other terms shown are subject to change without notice.
REJECTION. Purchaser may, immediately on receipt of any incorrect titles or damaged or defective Products, reject and return them to NSSBI & NSYEP, with authorization from NSSBI & NSYEP and at NSSBI & NSYEP’s expense. Purchaser assumes, and shall bear and pay, all risks and expenses of returning any such Products without NSSBI & NSYEP’s authorization. Shortages, damaged Products or incorrect titles must be reported within thirty (30) days of receipt of shipment. In the event of a shortage, NSSBI & NSYEP shall ship the items or credit Purchaser’s account for the shortfall. For damaged Products, NSSBI & NSYEP shall pick up the Products and issue an appropriate credit or ship replacement Products. For Products showing visible damage on the shipping carton, the carrier must note damages on the freight bill before accepting delivery. Merchandise damaged in transit must be reported to the carrier immediately. All original shipping cartons, packing slips, packing materials and damaged Products must be saved until they have been inspected or Purchaser’s claim has be resolved.
CUSTOMER RETURNS. Except for Products sold on a non-refundable basis, Purchaser may return, at Purchaser’s risk and expense, purchased Products in accordance with the returns provisions of the applicable Terms of Sale. Purchaser assumes, and shall bear and pay, all risks and expenses of returning any such Products. If Purchaser returns any Product that is damaged by Purchaser, used or otherwise ineligible for credit for any reason specified in our policy, NSSBI & NSYEP has the right to dispose of it without any further obligation, including, without limitation, notice, credit obligation or obligation to return it to the account.
TAXES. Where appropriate, Purchaser shall provide NSSBI & NSYEP with a duly executed tax certificate indicating that such purchase is for exemption or resale and listing Purchaser’s sales tax registration number for each state into which NSSBI & NSYEP’s Products will be delivered. NSSBI & NSYEP shall have no liability for any tax required to be billed, collected, and/or remitted by Purchaser as a result of sales of Products made by Purchaser, and Purchaser shall defend, indemnify, and hold harmless NSSBI & NSYEP against all losses, penalties, interest, and expense (including reasonable attorneys’ fees) arising out of any claims relating to such liability for taxes.
CHANGES CANCELLATION AND DEFAULT. NSSBI & NSYEP may make changes in quantities, case packs, specifications, delivery schedules, method of shipment, and packaging, and may cancel or terminate work on any order for its own convenience, in whole or in part, by written or electronic notice at any time. Any changes to orders requested by Purchaser may be approved or rejected in NSSBI & NSYEP’s sole and absolute discretion. If the Products purchased from NSSBI & NSYEP are not as described, Purchaser’s sole remedy is to return it in unused condition, complete and undamaged, in the original packaging. In the event of any default or breach by Purchaser of these Terms, NSSBI & NSYEP will have available all remedies under applicable law.
NO RESPONSIBILITY TO SELL MISPRICED MERCHANDISE. NSSBI & NSYEP does its best to describe every product offered as accurately as possible. However, NSSBI & NSYEP does not warrant that the Products, specifications, pricing, or other content we provide in catalogs or elsewhere is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any Products, NSSBI & NSYEP shall have the right to refuse or cancel any orders in its sole discretion. If NSSBI & NSYEP charged Purchaser’s credit card prior to cancellation, NSSBI & NSYEP will issue a credit to Purchaser’s credit card account in the amount of the charge.
RECALLS. In the event a Product is the subject of a recall by NSSBI & NSYEP, NSSBI & NSYEP shall be responsible only for, at NSSBI & NSYEP’s election: (a) supplying Purchaser with corrected versions of the recalled Product(s) in a quantity equal to the quantity recalled; or (b) reimbursing Purchaser for the costs paid by Purchaser to NSSBI & NSYEP for such Products upon the return thereof.
COMPLIANCE WITH LAWS. Purchaser shall comply with all applicable laws and regulations applicable to the purchase and use of Products and/or the resale of Products.
NSSBI & NSYEP’S INTELLECTUAL PROPERTY RIGHTS. The intellectual property contained in the Products (and any derivative works based on the Products) is confidential and/or proprietary information of NSSBI & NSYEP or its licensors and is protected by copyright and other intellectual property rights.
PURCHASE AUTHORIZATION. By ordering Products, Purchaser represents and warrants that it has complied with any and all of its own requirements necessary to authorize the purchase. Purchaser is solely responsible for all purchase decisions, including ensuring the compatibility and suitability of all Products.
EQUAL OPPORTUNITY CLAUSE. Pursuant to Presidential Executive Order 11246, as amended by Presidential Executive Order 11375, the Vietnam Era Veterans’ Readjustment Act of 1974 and the Rehabilitation Act of 1973 as amended, NSSBI & NSYEP does not and Purchaser shall not engage in any discriminatory practices based on race, color, religion, national origin, or physical or mental handicap. To the degree they are applicable, the following provisions are incorporated herein by reference and are binding upon NSSBI & NSYEP and Purchaser as if set forth fully at length herein: 41 CFR 60-1.4; 41 CFR 60-250.4 and 41 CFR 60-741.4.
FORCE MAJEURE. NSSBI & NSYEP shall not be deemed in default of its obligations to Purchaser to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials and supplies, or any other cause beyond its reasonable control.
SOLVENCY. By ordering and accepting delivery of Products, Purchaser represents to NSSBI & NSYEP that Purchaser is solvent and will make payment in full when due for such Products in accordance with the applicable invoice. In the event that the Purchaser orders and/or accepts delivery of any Products while insolvent, Purchaser shall immediately return all such Products to NSSBI & NSYEP, and any and all Products en route to Purchaser at such time shall be returned immediately upon Purchaser’s receipt thereof. Events which shall be deemed to establish Purchaser’s insolvency include, but are not limited to, the filing of a bankruptcy petition by or against Purchaser and/or Purchaser’s admission of its inability to pay its debts when due.
CLAIMS. All claims relating to any shipment and/or applicable invoice and/or Products must be made in writing within 30 days of the date of the invoice. Any request for proof of delivery must be made within 30 days of the date of the invoice.
INDEMNIFICATION. To the extent allowed by law and subject to the right of Purchaser to raise the defense(s) of sovereign governmental or qualified immunity against third party claims, Purchaser will indemnify, defend and hold harmless NSSBI & NSYEP, its parent companies, subsidiaries, affiliates, directors, officers and employees from any third party claims, causes of action, damages, costs, liabilities or expenses that arise from a breach of these Terms or from improper, illegal or unauthorized use, distribution or operation of the Products.
DISCLAIMER OF WARRANTIES AND INDEMNITIES; LIMITATION OF LIABILITY. ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND NSSBI & NSYEP EXPRESSLY EXCLUDES THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PURCHASER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS NSSBI & NSYEP AND ITS PARENT, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE OUTSIDE ATTORNEYS’ FEES AND EXPENSES) INCURRED IN DEFENDING ANY CLAIM, JUDGMENT OR PROCEEDING RELATING TO OR ARISING OUT OF: (I) PURCHASER’S BREACH OR ALLEGED BREACH OF ITS REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND AGREEMENTS CONTAINED IN THESE TERMS; AND/OR (II) THE DISTRIBUTION, RESALE AND PROMOTION OF PRODUCTS BY PURCHASER. NSSBI & NSYEP WILL HAVE THE RIGHT TO CONTROL THE DEFENSE AND SETTLEMENT OF ANY CLAIMS SUBJECT TO INDEMNIFICATION HEREIN. NSSBI & NSYEP SHALL HAVE NEITHER LIABILITY NOR RESPONSIBILITY TO ANY PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE ARISING FROM THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, NSSBI & NSYEP’S FAILURE OR ALLEGED FAILURE TO FILL ORDERS BY PURCHASER IN WHOLE OR IN PART. IN NO EVENT SHALL NSSBI & NSYEP BE LIABLE TO PURCHASER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE, AND REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NSSBI & NSYEP’S TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID OR PAYABLE BY PURCHASER DURING THE MOST RECENT TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
SEVERABILITY. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of the Terms shall remain in force and in effect and be construed so as to best effectuate the intention of the parties. The waiver of one default shall not waive subsequent defaults of the same or different kind.
JURISDICTION; VENUE; CHOICE OF LAW. THE STATE COURTS OF THE STATE OF GEORGIA SITTING IN SUFFOLK COUNTY AND, IF THE JURISDICTIONAL PREREQUISITES EXIST AT THE TIME, THE UNITED STATES DISTRICT COURT FOR GEORGIA SHALL HAVE THE SOLE AND EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY DISPUTE OR CONTROVERSY ARISING UNDER OR CONCERNING THIS CONTRACT. THIS CONTRACT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, WITHOUT REFERENCE TO ITS PRINCIPLES OF CONFLICTS OF LAWS, EXCEPT THAT FOR GOVERNMENTAL CUSTOMERS IN THE UNITED STATES THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE GOVERNMENT AGENCY PURCHASER IS LOCATED.
EXPORT. Import duties, taxes and customs clearance fees relating to Products shipped outside the United States will be borne by Purchaser. Export laws and regulations of the United States apply to all Products. Purchaser agrees to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). For Products exported outside the United States, Purchaser agrees that it will not import or allow a third party to import such Products into the United States.
CERTAIN DEFINITIONS. “Product(s)” means books, professional development products, CDs, DVDs, videos, other audio/ video/multimedia products, subscription services, software licenses and any other products that Purchaser may acquire from NSSBI & NSYEP, all in tangible form.

[/vc_column_text][/vc_tta_section][/vc_tta_tour][vc_column_text css=”.vc_custom_1553186107787{margin-right: 60px !important;margin-left: 60px !important;border-bottom-width: 20px !important;}”]

[/vc_column_text][/vc_column][/vc_row]

Sign in

Terms & Conditions

TERMS OF SERVICE

OVERVIEW

Privacy Policies & Disclaimers

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE