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Conditions of Use  
BigIdeas.org User Agreement

1. An Introduction
This User Agreement for your use of http://www.bigideas.org constitutes the entire agreement between you and BigIdeas.org.

This User Agreement ("Agreement") is a legal document. Though we have tried to write it in English, legalities require that we use some jargon and awkward legal conventions-see, for example the word "Agreement" in the first sentence. We're sorry, but there's no way around it.

2. Acceptance of Terms
This agreement governs the use all parts of BigIdeas.org ("we" or "the e-journal") by any subscriber or other user ("you"). Your use of and/or subscription to BigIdeas.org constitutes your agreement to comply with all terms, conditions, policies, and notices contained in this agreement.

You agree to follow our rules and accept that if you fail to abide by this agreement, we may suspend or terminate your access to BigIdeas.org without notice.

3. Description of Service
BigIdeas.org is an education e-journal that provides readers with a useful, accessible set of ideas and resources that support teaching for understanding and curriculum-based school reform.
To all subscribers, BigIdeas.org provides access to a home page and all resources listed on that page. To school leaders, identified by the school or district administrator that purchases a group subscription, we offer an additional set of resources called "Leaders' Pages." And for some large groups, we may also offer "Local Pages" that will be accessible to, and include content relevant only to, the school district to which they are available.

BigIdeas.org is a Web site only, and it does not publish a print counterpart. We currently accept no advertising from outside organizations.

We work hard to make sure that every issue of BigIdeas.org is complete and error-free and that it is published on a regular schedule. However, we are only human, and we will make a few mistakes from time to time. You understand and agree that BigIdeas.org is provided as-is, and that we assume no responsibility for timeliness, mis-delivery, or failure to store any of your settings. If you inform us of our errors, we will make every effort to correct them.

You understand BigIdeas.org is Web based and that you are responsible for securing access to the internet, through a third party, at your own expense.

4. Information and Opinions
BigIdeas.org contains information and opinions from many sources. Inclusion of such information and opinions does not constitute their endorsement by the publisher, editors, or staff of BigIdeas.org and shall not be construed as such.

5. Subscriptions and Fees
BigIdeas.org charges a fee for subscriptions. In order to create a subscription, you will be required to register as a user and to pay all fees and charges, including required taxes, in effect at the time you create the subscription. We reserve the right to change the amount of, or the basis for determining, any fees that we charge.

BigIdeas.org offers these kinds of one-year subscriptions:
" Individual subscription: allows access to the home page and all articles listed therein to one subscriber; does not allow access to Leaders' Pages.
" School subscription: allows access to the home page and all articles listed therein to all staff in one building; also allows access to Leaders' Pages to all staff members identified by the account administrator (the person who opens the subscription).
" District Subscription: allows access to the home page and all articles listed therein to all staff in one school district; also allows access to Leaders' Pages to all staff members identified by the account administrator (the person who opens the subscription).
" Small Group Subscription: allows access to the home page and all articles listed therein to a small group of up to 12 people; does not allow access to Leaders' Pages.

BigIdeas.org also offers this kind of short-term subscription to individuals:
" One-month pass: allows access to the home page and all articles listed therein for thirty days; does not allow access to the Leaders' Pages.

To activate a new subscription, you must visit the "Subscribe Now" page on the BigIdeas.org home page, enter key identifying information, and pay for the subscription. If you pay by credit card or tele-check, you give BigIdeas.org permission to charge all fees incurred through your account to the credit card that you designate. All fees will be charged immediately. If you pay by check, your subscription will become active when we receive that check. We will inform you, via email, when that has occurred, and you agree to pay any additional charges incurred by BigIdeas.org should your check fail to clear the bank. If you pay for a school or district subscription by purchase order, your subscription will become valid when we receive a signed copy of that purchase order. You agree to pay the full amount indicated in the purchase order within 30 days of its signing.

6. Your Account
When you create an account, you will provide registration information that is accurate. For information on how we will use that information, please read our Privacy Policy. You will
use your email address as your user name and you will choose your password. You agree that you are solely responsible for maintaining the confidentiality of your password and for all activity on the account.

Once your account is established, you agree that you alone will use it. You agree not to allow any other person to access your account or to transfer your membership to anyone else. If you allow multiple users to use your account, we may cancel your membership immediately, without notice.

You further agree not use your account with BigIdeas.org or any of the content of BigIdeas.org for any illegal purpose or in any manner inconsistent with this agreement. You agree to gain access to BigIdeas.org only through the use of your user name and password. You agree not to disrupt, alter, or interfere with BigIdeas.org in any way, either by engaging in insulting or disruptive posts to message boards or through interfering in any way with our software, hardware, and/or servers.

7. Renewing of Canceling Your Subscription
Two months before your subscription expires, we will inform you by email. We do not offer automatic renewals, so you will need to visit the subscription page, click on "Renew My Subscription" and, if you choose to pay by credit card, re-submit your credit card information. The cost of subscription renewal will be the same as the subscription rate in effect at the time of renewal.

You may cancel a one-year subscription within 24 hours of its initiation and receive a full refund. If you cancel a one-year subscription within 30 days from the date you signed up, you will receive a refund of 75% of the purchase cost. If you cancel your subscription after 30 days, you will receive no refund. No refunds will be made for cancellation of one-month subscriptions.

8. Third Parties and Web Links
BigIdeas.org contains many links to other Web sites and sometimes directs users to other sites (for example, to amazon.com for book sales and to authorize.net for credit card purchases). You agree that all of your interactions with these third parties are solely between you and that party. You agree that BigIdeas.org shall not be responsible or liable for any loss or damage you suffer as a result of your interaction with them.

With respect to links to other Web sites, you acknowledge that BigIdeas.org has no control over any aspect of these sites. You agree that BigIdeas.org is not responsible for any aspect of those sites, including content, accuracy, quality, products offered, advertising, or policies such as those concerning payment or privacy and that BigIdeas.org shall not be liable for any damage or loss you incur in your dealing with them. You further understand that the web is a dynamic instrument and that, despite the best efforts of BigIdeas.org editors, some links may not be active.

9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOU ACCESS AND USE BIGIDEAS.ORG AT YOUR SOLE RISK. THE E-JOURNAL IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. BIGIDEAS.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. BIGIDEAS.ORG MAKES NO WARRANTY THAT:
(i) THE E-JOURNAL WILL MEET YOUR REQUIREMENTS,
(ii) SERVICE WILL BE UNINTERRUPTED, TIMELY,OR FREE OF ERRORS,
(iii) YOU WILL SEE MEASURABLE RESULTS FROM THE USE OF THIS E-JOURNAL
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BIGIDEAS.ORG WILL MEET YOUR EXPECTATIONS,
(v) ANY ERRORS IN THE SOFTWARE OR THE CONTENT WILL BE CORRECTED,
(vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. WHEN YOU DOWNLOAD MATERIALS FROM BIGIDEAS.ORG, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH BIGIDEAS.ORG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
e. YOU UNDERSTAND THAT BIGIDEAS.ORG MAY CONTAIN UNAVOIDABLE INACCURACIES OR OMISSIONS IN CONTENT. FOR THAT REASON, YOU AGREE TO CONFIRM ANY STATEMENTS MADE WITHIN BIGIDEAS.ORG AND NOT RELY SOLELY UPON BIGIDEAS.ORG FOR ANY PURPOSE.
f. ANY INFORMATION THAT YOU MAY ACCESS THROUGH LINKS ON BIGIDEAS.ORG IS NOT ADOPTED OR ENDORSED BY BIGIDEAS.ORG AND REMAINS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL OR ORGANIZATION THAT CREATED THOSE LINKS. SIMILARLY, ANY INFORMATION PROVIDED WITHIN BIGIDEAS.ORG BY A THIRD PARTY REMAINS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL OR ORGANIZATION THAT PROVIDED IT.

10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIGIDEAS.ORG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIGIDEAS.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) ANY USE OF BIGIDEAS.ORG;
(ii) THE INABILITY TO USE BIGIDEAS.ORG;
(iii) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM BIGIDEAS.ORG;
(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(v) ANY ACTION TAKEN BY ANY THIRD PARTY ON OR THROUGH BIGIDEAS.ORG; OR
(vi) ANY OTHER MATTER RELATING TO THE SERVICE.

11. EXCLUSIONS AND LIMITATIONS
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. FOR THIS REASON, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

12. Copyright and Trademark Issues
BigIdeas.org takes all matters of copyright and intellectual property to heart and makes efforts to protect these rights at all levels. All content included on BigIdeas.org is protected by copyrights and other intellectual property rights owned and controlled by BigIdeas.org or by those parties that have authorized BigIdeas.org to publish their work. No content on BigIdeas.org may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site.

We agree not to intentionally infringe upon the copyright or intellectual property rights of any author. If you believe that inclusion of or reference to your work in by BigIdeas.org constitutes an infringement of such copyright or intellectual property rights, please provide us with the following information:
1. Identification of the work you claim has been infringed, including, where appropriate, title, author, publisher, publication date, page numbers, website URL;
2. Identification of where that work has appeared on BigIdeas.org;
3. Your contact information, including, if possible, an email address, a mailing address, and a telephone number;
4. A statement that you believe that use of the material in the manner complained of is not appropriate, signed by you or your authorized agent.
Please mail your letter to Copyright Issues, c/o Big Ideas, P.O. Box 148, Hopewell, NJ, 08525, or email it to Carol Wander at [email protected]

Authentic Education, Big Ideas, and Big Ideas Press are currently pending trademark approval. All other trademarks mentioned in BigIdeas.org are the property of their owners. You acknowledge that BigIdeas.org is an information site and service and that references to other names and trademarks are necessary in the course of providing ideas and resources on teaching and learning. BigIdeas.org will enforce its intellectual property rights to the fullest extent of the law.

13. Non-waiver and Severability
If BigIdeas.org fails to exercise any of the provisions of this agreement, all aspects of the agreement remain in force. If any provision in this agreement is found by a court to be invalid, you and we agree that we consent to the intentions of the agreement. In addition, all other provisions shall remain in force.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of BigIdeas.org must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Indemnification:
You agree to indemnify BigIdeas.org and its affiliates, employees, agents, representatives and third party service providers and to defend and hold each of them harmless from any and all claims and liabilities, including reasonable attorneys' fees arising from any breach by you of any terms of this Agreement or from any such acts through your use of BigIdeas.org

15. Letters to the Editor, Message Board Postings, and Related Materials:
By sending a letter to the editor, uploading files to our server, or posting messages to our message boards, you grant us a royalty-free, unrestricted license to use your comments or materials in any way and alter or reproduce them in any medium without any compensation or any other obligations to anyone, including you. You may protect your work only by including the words "not for publication" in your correspondence with us.

16. Jurisdiction
This Agreement will be governed by the laws of the State of New Jersey, and any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of New Jersey. You agree to submit to the exclusive personal jurisdiction and venue of the courts the county of Mercer and the state of New Jersey, as applicable.
You and we hereby waive trial by jury in any action arising from this Agreement and agree to submit to binding arbitration.

17. Changes to this Agreement
As BigIdeas.org changes and grows, we might find it necessary to amend this agreement or to discontinue any or all parts of the e-journal. You agree that we are not liable to you or to any third party for any change or cancellation of this e-journal.

We also reserve the right to alter this agreement. When we do so, we will post a notice of that change on this page. These changes will take effect as soon as they are posted and, by continuing to access BigIdeas.org, you agree to accept those changes.

I HAVE READ AND UNDERSTAND THIS MEMBERSHIP AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

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