Membership Agreement

Last Updated: August 2016

This Membership Agreement (“Agreement”) is entered into by and between the member(s) as listed in the registration process (“Member(s)”), and EdWeek Market Brief (“MB”), a membership service provided by Editorial Projects in Education, Inc. (“EPE”), and governs Member’s/Members’ use of and access to the EdWeek Market Brief member services, primarily consisting of a website and email service offering market data, analysis, research reports, news, and a library of information published on the marketbrief.edweek.org website (“Publication”).

Grant of Rights. This Agreement grants Member(s) (as specified in registration) a non-exclusive, revocable, non-transferable, non-assignable license to access the Publication during the Term (as defined below) (“Membership”). This license is personal to the registered Member(s) only and permits only those Member(s) to access and receive content from the Publication.

Term and Termination. The initial term of this Agreement will begin on the Effective Date and continue for the term selected by the Member (“Term”). Thereafter, the Agreement will automatically renew for successive terms, with each renewal date corresponding to the anniversary of the Effective Date, unless either party gives the other written notice of non-renewal at least thirty (30) days prior to the conclusion of the then-current term. Notice of non-renewal should be sent via email to membership@epe.org.

Trial Period. If a trial period is available for the membership offer selected, Member shall receive a trial period beginning on the order date, and for the stated period of the offer. Member may then cancel the Agreement prior to the end of the Trial Period, and will not be charged for the Membership. Notice of trial cancellation should be sent via email to membership@epe.org.

Access. MB will provide Member with an individual user ID and password, or with access via the Member’s IP address to access the Publication. Sharing or transferring user names or passwords is strictly prohibited. MB will provide Member(s) with individual user IDs and passwords, or with access via the Member’s IP address to access the Publication. Sharing or transferring user names or passwords is strictly prohibited.

Membership Activation and Renewal. Within five (5) business days of EPE’s receipt of all information to be provided by Member, Members account shall be activated and Member and Authorized Users shall be provided with access to Licensed Content. Upon completion of the Membership process and at the commencement of any initial or renewal term, Member agrees to pay the initial or then current Membership fee for the Publication (“Membership Fee”). The Member will be billed for the agreed-upon fee, which is payable upon receipt. Accounts not paid within ten (10) days of such date shall be considered delinquent, in which case MB reserves the right to suspend the Membership and access to licensed content until payment is received. If payment of the membership fee is not received within 30 days, EPE reserves the right to send this to a collection agent.

License. The materials available through marketbrief.edweek.org are the property of EPE, or its licensors, and are protected by copyright, trademark, and other intellectual property laws. You are hereby granted a non-exclusive license to use the material on this website for your personal, non-commercial use (including, where available, to e-mail individual stories to friends directly from this site). You are also granted a limited license to print one copy of any material posted on this website, but only for your personal use, provided you keep intact all copyright and other proprietary notices that appear on such material. You may not otherwise reproduce or distribute copies of any of the materials on this website in any form (including by e-mail or other electronic means), without the prior written consent of the owner. Requests for permission to reproduce or distribute materials found on our website should be sent via e-mail or by mail to EPE Permissions Department, 6935 Arlington Road, Suite 100, Bethesda, MD 20814.

Intellectual Property. Member acknowledges that the Publication, and the contents thereof, are the intellectual property of EPE or its licensors. Member further acknowledges that nothing in this Agreement shall constitute a sale or transfer of title or ownership from EPE to Member of any rights in and to the Publication. Member shall not infringe, or enable the infringement of, the intellectual property rights of EPE in any way, including without limitation by making available externally from Member via email, manually forwarding via email, posting on a publicly accessible website, directly or indirectly reproducing, downloading or otherwise distributing (in any form current or yet to be developed) the Publication or any portion thereof without prior written permission of EPE. Notwithstanding the foregoing, Member may use data and information provided in the Publications in external presentations to customers and potential customers and at conferences and events where Member is a featured speaker (the “Limited Exceptions”). The Limited Exceptions shall only be available to Member during the Term after the expiration of the Trial Period. During the Trial Period and after termination or expiration of the Agreement, any dissemination or mass distribution of content from the Publication is expressly prohibited. All rights not explicitly granted to Member herein are reserved to EPE.

Privacy. To ensure electronic delivery accuracy and intellectual property compliance, as described in our Cookie Policy, we use cookies and similar technologies, including Web Beacons and mobile application identifiers. EPE will not share this information with anyone outside of EPE, nor will EPE use it for any commercial purpose. You can control cookies through your web browser settings and other tools. Registration data and other information collected during the registration process and in the ordinary course of business during the Term shall be subject to the MB Privacy Policy at https://marketbrief.edweek.org/privacy-policy referenced under “Information that is Automatically Collected.” Members are also subject to the MB Terms of Use at https://marketbrief.edweek.org/terms-of-use.

General. This Agreement is the final and entire agreement between the Parties with regard to the Membership and supersedes all previous and other EPE agreements, whether written or oral regarding the Membership. Neither Party is an agent, representative or partner of the other. Neither Party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability on behalf of the other Party. This Agreement shall not be interpreted to create an employment relationship, joint venture or partnership between the parties or to impose any liability attributable to such relationship upon either Party. No changes, modifications, or waivers are to be made to this Agreement unless evidenced in writing and signed by both Parties. Neither this Agreement nor any part or portion hereof shall be assigned or otherwise transferred by Member without EPE’s prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal, it shall be severed from this Agreement and the remaining terms shall remain in full force and effect. This Agreement shall be governed by and construed under the laws of the State of Maryland. All notices hereunder shall be sent, certified mail, to Editorial Projects in Education, 6935 Arlington Road, Bethesda, MD 20814 Attn: Legal. The Intellectual Property section of the Agreement shall survive termination or expiration of the Agreement.

Please contact the EdWeek Market Brief Team with any questions at https://marketbrief.edweek.org/contact or call 800-346-1834.