Updated February 7, 2024

Terms of Use – Invest in Education Foundation

These Terms of Use (these “Terms”) represent an agreement between you and Invest in Education Foundation, Inc. (the “Foundation,” “we,” “our,” “us”) and govern your use of our website (the “Site”) at investineducation.org. By using the Site, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.

1.  WHO WE ARE. The Foundation is a research and policy organization that promotes improvements in education for students, increasing educational choice, and working to close gaps in educational achievement. We have been recognized by the Internal Revenue Service as a not-for-profit public charity under Section 501(c)(3) of the Internal Revenue Code. You may obtain a copy of organizational and other documents for the Foundation by contacting the Charities Bureau of the New York State Attorney General or us at the notice address at the end of these Terms.

2. WHO MAY USE THE SITE. The Site is intended for use by adults. You must be at least 13 to use the Site. To use certain features on the Site, such as signing certain petitions, we may require that you be at least 18 years old or specify other eligibility requirements.

3. WHAT’S NOT ALLOWED. When using the Site, you agree that you will not:

(a) violate any applicable federal, state or local laws, ordinances or regulations;

(b) submit or upload any information or materials that are deceptive, misleading, unlawful, harmful, fraudulent, threatening, harassing, discriminatory, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or publicity or infringe any intellectual property right (“Intellectual Property Right”), including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;

(c) submit any personal information, including names or email addresses, pertaining to individuals under 13 years old;

(d) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or include intentional inaccuracies in any information that you provide, including when you register on the Site or sign a petition;

(e) violate or attempt to violate the security of the Site;

(f) reverse engineer or decompile any portion of the Site; or

(g) infringe any Intellectual Property right of the Foundation or its affiliates; or

(h) “scrape” information from the Site by automated means.

4. WHO OWNS WHAT. The Foundation and/or its licensors own the Site, including any and all graphics, photographs, images, artwork, text, software and other technology, and the contents, design, layout, functions and appearance of the Site, and all Intellectual Property Rights inherent in or appurtenant to the Site.

5. YOUR PRIVACY. Your use of the Site is subject to the Foundation’s privacy policy. The provisions of our privacy policy are incorporated into these Terms. By using the Site, you acknowledge and consent to the Foundation’s collection, sharing and use of information as set forth in the privacy policy.

6. INDEMNITY. You agree to indemnify and defend the Foundation and its affiliates, and their respective officers, directors, owners, agents and licensors (collectively, the “Indemnified Parties”) and hold them harmless from and against any and all liability and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any breach by you of these Terms. The Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7. DISCLAIMERS; LIMITATIONS OF LIABILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. THIS SITE IS PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE FOUNDATION OR ITS AFFILIATES OR ANY OF THEIR PERSONNEL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SITE. THE FOUNDATION’S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO US IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY, OR (B) IF YOU HAVE NOT MADE ANY PAYMENT, THE AMOUNT OF $100. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THE FOUNDATION’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.

8. CHANGES TO THESE TERMS. The Foundation may modify these Terms at any time by posting changes on the Site; however, that these changes will only become effective and binding with respect to you after you first use the Site following the date of such posting. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Site.

9. DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe that the Site contains content that infringes on your copyright, please forward the following information by email to [email protected] or by postal mail to: Invest in Education Foundation, Attention: Copyright Agent, PO BOX 38222, Albany, NY 12203-8222.

· Your address, telephone number, and email address;

· A description of the copyrighted work that you claim has been infringed;

· A description of where the alleged infringing material is located;

· A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our policy is to terminate the right of repeat infringers to access the Site.

10. LINKS. The Site may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators.

11. MISCELLANEOUS. No joint venture, partnership, employment or agency relationship exists between you and the Foundation as a result of these Terms or your use of the Site. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these terms. These Terms will be effective as of the date you first access the Site. These Terms represent the entire agreement between you and the Foundation with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. The Foundation may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced. These Terms will be governed by the laws of the United States of America and the State of New York, without regard to conflict of laws rules. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the State of New York. In addition to money damages, the Foundation shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The headings in these Terms are for convenience only and are not to be considered in construing it. All references in the Terms to “including” shall be deemed to mean, “including, but not limited to.” All references in these Terms to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. We will send any notices that are intended for you personally and not all users of the Site to you at the most recent email address we have on file for you. Any notice from you to the Foundation should be sent by email to [email protected] or by mail or courier to Invest in Education Foundation, Attention: User Support, PO BOX 38222, Albany, NY 12203-8222.