By accessing or downloading any content available on https://www.teachforlife.org/ (“Website”), which is owned and operated by Trees for Life, Inc. (“Licensor”), or by submitting any content thereto, the person accessing or submitting the content (“User”) accepts and shall be bound by the terms and conditions of this agreement. If the User does not agree with any term herein, the User shall immediately terminate its access to this Website and all content that is accessed online, downloaded, or otherwise available to the User in any form, including modified content.

Whereas:

• Licensor is a nonprofit corporation approved under Section 501(c)(3) of the Internal Revenue Code;
• The Website’s purpose is to share techniques and materials to teachers internationally, as a charitable program aiming primarily to assist teachers in underserved areas, without the imposition of any fee or unreasonable restriction; and
• The purpose of this Terms of Use Agreement is to inform the User of this purpose and protect the free sharing of this information within reasonable and necessary parameters;

Therefore:

• The User agrees to access, download, modify, and share content, and participate socially through the Website, subject to and only in compliance with the following terms.

1. Accessing Content on the Website; Download; Modification; Sharing.
   1. License.  Subject to the conditions and prohibitions in this agreement, the Licensor grants the User a revocable license to access, download, modify, and share the content available on or through the Website.
   2. Access.  This license is limited to access which does not harm the Licensor or any other party accessing the Website and comports with all applicable laws and third-party user agreements.
   3. Download and Modification.  User may download and modify any content on the Website if download and modification are allowed by all third-party user agreements and in compliance with all applicable laws. Modified content shall include a reasonable reference to the creator of the original content, if known. “Modified Content” means any content that has been created in part by using any portion of original or third-party content obtained on or through the Website, including translation, alteration, arrangement, combination, or any other modification of the visual or auditory presentation of the content, and also including technical changes which do not affect the visual or audio presentation of the content but instead serve to enable or improve access to the content.
   4. Sharing Content.  Content available through this Website may be shared by link, embedded video, file transmission, or in person or remote presentation, only if sharing complies with all third-party user agreements and all applicable laws.
   5. No Endorsement.  The User agrees that the User is not, and will not claim or imply to be, associated with, part of, sponsored by, endorsed by, or enjoying any special status granted by the Licensor or the Website.
   6. Noncommercial Use.  No part of content obtained from or through the Website or modified therefrom shall be used for commercial purposes, unless commercial use is allowed by a controlling third-party agreement and all applicable laws. Commercial use shall mean that the content is used as any part of a business transaction that results in a profit to any interested person or entity, including commercial advertisement resulting in a profit.
   7. Sublicense.  The User shall not license, sub-license, or assign access to any content obtained from or through the Website or modified therefrom in any manner that results in more stringent terms of access than contained herein.
2. Submitting Content to the Website.
   1. License.  Subject to the conditions and prohibitions in this agreement, the Licensor grants the User a revocable, non-exclusive license to create and upload original or modified content to this website. “Original content” means all artistic, literary, database, scientific, or other content made available for the first time through this website, regardless of the person responsible for uploading such content, and does not include any content available from a third-party source.
   2. Authorization.  This license is limited to submissions which do not harm the Licensor or any other party accessing the Website. User shall only upload content which the User has the legal right to upload, either by having created the content, reviewed third-party agreements, or obtained necessary permission from third-party providers, and in compliance with all applicable laws.
   3. Copyright.  Content submitted by User shall continue to be owned by and the copyright of User to the extent applicable before the submission to the Website.
   4. Granted License.  By submitting content to the Website, User grants Licensor a non-exclusive, sub-licensable, perpetual, and universal license to use, distribute, present in any form, modify, and remove the content. This license is immediately and automatically sub-licensed to all additional users of the Website.
   5. Review.  Licensor has the sole and unreviewable discretion to accept, modify, or reject any content that is submitted or uploaded to the Website, either on Licensor’s own initiative or at the request of any person for any reason.
3. Digital Millennium Copyright Act Policy
   1. If you are a copyright owner or agent and believe that any content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Licensor with the following information in writing (for additional details, see 17 U.S.C 512(c)(3)):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. 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;
      3. Identification of the content 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 content;
      4. Information reasonably sufficient to permit the Licensor to contact you, such as an address, telephone number, and email address;
      5. A statement, under penalty of perjury, that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; that the information in the notification is accurate; and, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      6. Licensor’s designated agent to receive notifications of claimed infringement is Simmi Dalla at Teach@treesforlife.org. Notifications must be made in the form of scanned PDF email attachments, including the required information and signature. The submitter acknowledges that the failure to comply with all of the requirements of this policy may result in the notification not being valid and being disregarded without further notification or action.
4. Participation in the Online Community.
   1. Registration Required.  All persons participating in the online community shall register with the Website according to its requirements, which shall be at the Licensor’s sole and unreviewable discretion. Any violation of these terms may result in the User’s membership being suspended or revoked. In addition, Licensor may suspend or revoke any membership or participation in the online community without cause, at its sole, unreviewable discretion.
   2. All messages are the opinions of the author and are not the views or opinions of the Licensor or Website.
   3. Use of the message boards is entirely at User’s own risk;
   4. User is responsible for the content of User’s posted messages and any consequences arising from those messages;
   5. Licensor will not be liable for any errors or omissions in any postings or for any loss or damages resulting therefrom, and provides no warranty of any kind;
   6. Licensor does not guarantee that the use of the message board will be uninterrupted, error free, free from any third party interference or that the message board will be free from computer viruses or other malicious software. It is your responsibility to implement sufficient procedures and virus checks.
   7. Any information disclosed on the message boards is public information.
   8. For your own safety you should not disclose personal information such as your email address, home address, or telephone number on the message board.
   9. User shall not perform any of the following actions:
      1. User shall not post any information that is unlawful, harmful, threatening, abusive, harassing, vulgar, profane, obscene, may cause personal distress, offensive, defamatory, false, libelous, hateful, racially, sexually or otherwise discriminatory or post any information that is otherwise (in the sole, absolute, and unreviewable discretion of Licensor) objectionable;
      2. Impersonate any person or entity, or misrepresent your association with a person or entity;
      3. Promote or endorse any business or commercial goods, products or publications;
      4. Post any information that may be invasive of another’s privacy or violate the rights of any other member, or of any third party in any way;
      5. Post inflammatory messages;
      6. Post any content that infringes any patent, trademark or copyright of any party unless you have the permission to do so;
      7. Use the boards to encourage illegal and/or inappropriate behavior, to form or recruit members for distinct groups whose aims are to cause disruption, or to encourage others to do so;
      8. Use the boards to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
      9. Post any information that would be in breach of a court order from a court of competent jurisdiction;
      10. Post any information that is confidential or commercially sensitive;
      11. Post any URLs or links to a website that is harmful or solicits business or commercial activity (Licensor takes no responsibility for the content of any external URL or web link if posted in contravention of these Terms);
      12. Name or identify any individual in relation to criminal accusations or any current criminal proceedings.
      13. Spoil, spam, impersonate or engage in activity or behavior which Licensor, in its sole discretion, regards as objectionable or inappropriate.
   10. If you are offended by a post or topic please alert a moderator or staff member by sending a personal message or e-mail. Please do not use this facility if you simply disagree with what has been posted; if this is the case post a reply stating your opposing opinion. When doing so do not make any personal attacks. If you disagree with another member of the boards or with a situation, state your case without attacking or insulting others, and treat others with respect.
   11. Licensor retains the ability to moderate, amend, or remove any post, and review any membership or registration and revoke the same, including the blocking of future communications from an IP address or other identifying mark.
5. Disclaimer of Warranties.  Licensor offers the Website’s content as-is and as-available, makes no express or implied representations or warranties of any kind, and voids to the extent legally permissible any statutory or other warranties. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. The User accepts that this information is provided without a fee and is not covered by any warranty of any kind.
6. Limitation of Liability.  Licensor shall not be liable to the User for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this agreement or the use of any content, even if the Licensor has actual or constructive knowledge of the possibility of such losses, costs, expenses, or damages. The User understands that the content and adapted content is accessed without a fee and at User’s sole risk.
7. No Indemnification.  Licensor in no way indemnifies User in any legal action brought by a third party. User has the responsibility to govern User’s conduct so that it complies with all third-party contracts and all applicable laws.
8. Effective Date; Term; Termination.  This agreement shall be effective as of the date of the first access by the User of any content on this Website. The agreement shall continue in full force and effect, but the User’s authority to access content shall immediately and automatically terminate upon any violation of this agreement. Termination of authority to access content shall not limit any conditions, prohibitions, or cause of action by Licensor against the User for breach of this agreement.
9. Sole Document; Amendment.  User has the responsibility to read and understand this agreement and disclaims or waives any argument that User did not read the agreement, provided that this agreement can be accessed through the Website via a link on the home page. No other previous or contemporaneous terms outside this document, oral or written, are binding on the parties except to the extent required by law. This agreement may be modified at the sole discretion of the Licensor without notice. Access by the User after any amendment shall constitute acquiescence to amended terms.
10. Survivability.  If any court determines that any provision of this contract is invalid or unenforceable, the determination will affect only the invalid or unenforceable provision, and the remainder of this contract shall continue in full force and effect. Further, the invalid or unenforceable provision of this contract shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.
11. Governing Law.  This contract will be governed by and construed in accordance with the laws of the state of Kansas and the United States of America, as amended and including any successor laws. Should any dispute arise regarding this contract, all matters will be settled in a court of competent jurisdiction located in Sedgwick County, Kansas. The parties may, however, pursue informal discussion, mediation, or arbitration, as a fair and efficient resolution to any dispute.
12. Definitions.  The definitions provided within this document shall supplant statutory definitions to the extent permissible. Statutory definitions shall otherwise apply throughout this document. Any term not subject to a definition provided in this document or a statutory document shall be construed pursuant to industry norms.