PreschoolFirst Terms and Conditions of Use

Effective: January 1, 2010

Welcome to the PreschoolFirst.com website, owned and created by The Source for Learning, Inc.(“SFL”), ("we," "us," or "our") a non-profit Virginia corporation. This website is a curriculum and observation tool and is intended as a resource for educational information. It is not a diagnostic tool and is not intended for such use.

1. THIS IS A CONTRACT - READ IT CAREFULLY By using this website, you agree to be contractually bound to these Terms and Conditions of Use ("Terms of Use"). If you are acting on behalf of a school or school district, by registering on the site you agree to these Terms of Use and the Privacy Policy on your own behalf and on behalf of such school or school district, as the case may be. Your use of this site is conditioned upon your reading and understanding these Terms of Use and your continued compliance with these Terms of Use, which we may update from time to time. Accordingly, you should periodically review the most current version of the Terms of Use at: http://www.preschoolfirst.com/terms.cfm. If you do not agree to be bound by our Terms of Use, please exit this website immediately.

2. USER CONDUCT The services provided on PreschoolFirst.com are made available only to persons who are registered users or who are affiliated with an organization that is a PreschoolFirst.com subscriber. Unauthorized access is prohibited. Authorized users of this site are granted, subject to this Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this site for personal or non-commercial use only. As a condition of your use of this website, you agree that you will not use any of the resources or information provided here for any purpose that is unlawful or is prohibited by these Terms of Use. You also agree not to engage in any activities that: (a) constitute or encourage a violation of any applicable law or regulation; or (b) infringe the rights of any third party, including, but not limited to, anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or protectable rights in confidential ideas). SFL does not guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, usefulness or safety of such content.

3. PRIVACY We are concerned with your privacy and encourage you to review our privacy policy, located at http://www.preschoolfirst.com/privacy. By using this website, you agree to our use of any information you provide to SFL in accordance with our privacy policy.

4. CHILDREN YOUNGER THAN 13 YEARS OLD This site is intended for use by adults and we will delete any information from our records that we are notified originated from a child younger than 13 years old.

5. THIRD PARTY CONTENT PreschoolFirst.com may provide users with links to websites created and/or maintained by third parties (i.e. persons or organizations other than SFL and its subsidiaries or affiliates) that contain content such as advertisements, posted content and material accessible via hyperlinks ("Third Party Content"). We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of Third Party Content. Under no circumstances will we be liable for any Third Party Content. Among other things, we will not be liable for any errors or omissions or any loss or damage incurred as a result of any Third Party Content posted, stored, emailed or otherwise transmitted over, or accessible through, this website. You agree that you must evaluate, and bear all risks associated with, any Third Party Content, as well as any decision by you to rely on its accuracy, completeness, or usefulness. We reserve the right, but do not undertake the obligation, to restrict access to or the availability of Third Party Content that could be considered obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable.

6. PROPRIETARY RIGHTS This site, its content and other materials contained herein are (c) Copyright 2004-2010 by The Source for Learning, Inc. (SFL) You acknowledge and agree that all content and materials made available by SFL on or through this website are protected by copyrights, trademarks, service marks, rights of publicity, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from these materials or content, or make commercial use of them without obtaining express prior written permission from SFL. You may, however, print or download a single copy of the materials or content found at this site for your personal non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not change any material on this site or use the materials for any purpose other than as contemplated in these Terms of Use. You agree not to engage in any systematic or repeated retrieval of data or other content from this site either manually or automatically (e.g., using bots or intelligent agent software). In addition, use of the content or materials for any purpose not expressly permitted by these Terms of Use is prohibited. You may create ordinary hyperlinks to this website. You may not display our website in frames, however, without our express prior written permission.

If you are a copyright owner or are authorized to act on behalf of a copyright owner, and you wish to notify us of any material on PreschoolFirst.com that infringes the rights of the copyright owner, please notify our designated agent:

Steven J. Gorski
The Source for Learning, Inc.
12355 Sunrise Valley Drive - Suite 625
Reston, Virginia 20191-1532
Telephone: 703-860-9200
Fax: 703-860-9237
E-Mail: click here.

Please be aware to be effective under the Copyright Act, your notification must provide us with substantially the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
    • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. PASSWORDS AND USER ID You may receive a password and account designation upon completing the registration process for PreschoolFirst.com. You are solely and fully responsible for maintaining the confidentiality of your password and account, and are solely and fully responsible for all activities that occur through use of your password or account. You agree to (a) immediately notify SFL of any unauthorized access to, or use of, your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Persons or organizations who register an account with SFL must immediately terminate access for any user no longer authorized to use the registrant’s password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.

8. TERMINATION You agree that we, in our sole discretion, may terminate your access to this website at any time. We will terminate your right to access PreschoolFirst.com if you violate any of these Terms of Use or other policies posted on PreschoolFirst.com or if we become aware that you are infringing anyone’s intellectual property rights. You further acknowledge and agree that any termination may be effected without prior notice and that we may immediately deactivate any of your accounts and delete all related information and files (including any files created by you). Further, you agree that we will not be liable to you or any third party for terminating your access to this website, deactivating accounts or deleting files, subject to our limited refund policy.

9. DISCONTINUANCE OF SERVICE We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website (or any part of it), either with or without notice. You agree that we will not be liable to you or to any third party for modifying, suspending or discontinuing this website.

10. REFUNDS AND CREDIT FRAUD Upon your email request to us, we will cancel your subscription to our services and refund a pro rated portion of your fee, based on the number of days left in your subscription period. Please send all cancellation requests to info@sourceforlearning.org. Additionally you must return at your expense all materials and copies of PreschoolFirst user guides along with a copy of your email request to cancel your subscription to:

The Source for Learning, Inc./PreschoolFirst
12355 Sunrise Valley Drive - Suite 625
Reston, Virginia 20191-1532

Upon receipt of these print materials, we will issue any refunds due to you.

If you paid by credit card and believe that your credit card has been used fraudulently, please contact your bank or credit card company. Federal law limits the amount that you can personally be held liable for credit fraud on the Internet. We will not be liable for any claim of credit card fraud made by you more than 90 days after the alleged fraud occurred.

11. DISCLAIMER OF WARRANTIES YOU AGREE THAT: A. IF YOU USE THIS WEBSITE, YOU DO SO AT YOUR SOLE RISK. THIS SITE, AND ANY INFORMATION, CONTENT OR MATERIALS AVAILABLE THROUGH IT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. B. WE DO NOT WARRANT THAT (i) THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE; (iii) ANY INFORMATION THAT YOU MAY OBTAIN ON THIS SITE WILL BE TIMELY, COMPLETE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL BE KEPT CONFIDENTIAL, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM THIS WEBSITE WILL CREATE ANY ADDITIONAL WARRANTIES OR SUPPLEMENT ANY WARRANTIES EXPRESSLY STATED HEREIN.

12. LIMITS ON LIABILITY A. THROUGHOUT THE SITE, WE PROVIDE ACTIVITIES WHICH MAY INCLUDE DIRECTIONS OR MATERIALS WHICH, IF USED WITHOUT PROPER ADULT SUPERVISION, MAY INVOLVE SOME RISK OF HARM. NO USER OF THIS SITE OR ANY OF ITS SERVICES SHOULD PERMIT ANY STUDENT OR CHILD TO ENGAGE IN ANY ACTIVITIES WITHOUT PROPER ADULT SUPERVISION. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY HARM AS THE RESULT OF NOT PROVIDING PROPER SUPERVISION. B. YOU EXPRESSLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THIS WEBSITE; (ii) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM, THIS SITE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF INFORMATION THAT YOU PROVIDE TO US; (iv) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE. C. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS. D. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THESE TERMS OF USE EXCEED THE SUM OF TWO HUNDRED ($200) DOLLARS.

13. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.

14. INDEMNITY You agree to indemnify us, all subsidiary and affiliate entities, and all of our and their officers, agents, and employees, and hold all such persons and entities harmless from any claim, demand, judgment or damage obtained, made or asserted by any third party and relating to: (a) your use or misuse of this site; (b) your connection to this site; (c) the use of your account, password or user ID (whether by you or others); (d) your breach of these Terms and Conditions; or (e) your violation of any rights of another person. You further agree to pay all reasonable attorneys' fees incurred in connection with a potentially indemnifiable claim.

15. JURISDICTION AND PROFESSIONAL AFFILIATIONS The Internet can be accessed from virtually anywhere. Any professionals identified on this website are licensed only in their particular states or jurisdictions. Nothing on this website is intended (nor should it be inferred) to constitute an attempt to practice or solicit business in jurisdictions where a given professional is not licensed or permitted to practice. The information on this site is for informational purposes only and is not intended to constitute or substitute for, and in fact is not, professional advice. We control and operate this website from the Commonwealth of Virginia. If you use this site from other locations you are responsible for complying with applicable local laws.

16. CLAIMS, ARBITRATION, CHOICE OF LAW AND DISPUTE RESOLUTION The Terms of Use and the relationship between you and us will be governed and construed in accordance with the laws of the Commonwealth of Virginia, except that we agree in accordance with Section 59.1-501.4, that the provisions of Chapter 43 (the Uniform Computer Information Transactions Act) shall not apply to the Agreement. All disputes arising out of or relating to the formation, interpretation, or alleged breach of this Agreement will be determined and settled by binding arbitration to take place exclusively in Reston, Virginia, in accordance with the commercial rules of the American Arbitration Association. Any award rendered by the arbitrator will be final and binding on you and us, and may be entered as a judgment by any court of competent jurisdiction. In the event any provision of this contract is deemed not to be enforceable, this paragraph is nonetheless intended to be construed to compel arbitration to the fullest extent possible. Any claims brought against us must be filed within one (1) year of the date the claim arose or will be forever barred.

17. COMPLETE AGREEMENT NOT SUBJECT TO MODIFICATION These Terms of Use constitute the entire agreement between you and us and govern your use of this website, superseding any prior agreements between you and us. SFL shall have the right, at any time and without notice, to supplement or modify the terms of the Agreement simply by posting such amended terms herein. Your use of PreschoolFirst.com after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms. Our failure to exercise or enforce any right or provision will not constitute a waiver of our right to do so. If any provision of these Terms of Use is found to be invalid or unenforceable, the parties nevertheless agree that full effect should be given to the parties' intentions as reflected in the provision, and that the other provisions of these Terms of Use will remain in full force and effect.