Terms of Use

Last Updated: August 2016

Welcome to EdWeek Market Brief (“MB”), a service of Editorial Projects in Education, Inc. (“EPE”), publisher of Education Week, Education Week Teacher, Education Week Research Center, Education Week Press, EdWeek Market Brief, and the TopSchoolJobs.org Career Site. Please read this Terms of Use. By using this website or other digital versions of EdWeek Market Brief or other EPE properties (“website”) you accept the terms of this agreement. This is a legally binding agreement between you and EPE; please read it carefully.

GENERAL PROVISIONS

The Web is an evolving medium; we may change the terms of use from time to time. By continuing to use this website after we post any such changes, you accept this agreement, as modified. We may change, restrict access to, suspend, or discontinue operation of this website, or any portion of this website, at any time.

EPE respects the privacy of our users. Please take a few minutes to review our Privacy Policy.

We invite you to bring to our attention any material on this website that you believe to be inaccurate. Please share the URL of the material with our Editorial Team along with an explanation of the error.

The material that appears on marketbrief.edweek.org is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. EPE is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link.

OWNERSHIP AND PERMISSIONS

Our License to You. 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.

Links. You may establish a hypertext link to marketbrief.edweek.org so long as the link does not state or imply any sponsorship of your site by EPE, edweek.org, or marketbrief.edweek.org. However, you may not, without the prior written permission of EPE, frame or in-line link any of the content, or incorporate into another website or other service, any material, content, or intellectual property belonging to EPE, its parent or affiliate companies or their licensors. Exceptions can be made by EPE and include RSS-feed widgets and video players that provide an embed code via a share button.

TRADEMARKS

You may not use any trademark or service mark appearing on our website without the prior written consent of the owner of the mark. Trademarks of EPE include, but are not limited to, the following products: EdWeek Market Brief, Education Week, EdWeek, Digital Directions, Technology Counts, Quality Counts, Curriculum Matters, Politics K-12, Marketplace K-12, American Education’s Newspaper of Record, TopSchoolJobs.org, and Education Week Teacher.

LINKS TO OTHER SITES

Through this website, EPE has provided links and pointers to Internet sites maintained by third parties. EPE’s linking to such third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither EPE, nor its parent or subsidiary companies, nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through this website or on websites linked to from edweek.org.

DISCLAIMER OF WARRANTIES AND LIABILITY

THIS WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EPE DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH EDWEEK.ORG. EPE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEBSITE OR MATERIALS ON THE WEBSITE, OR ANY THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL EPE, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, EDWEEK.ORG, OR ANY PRODUCTS, SERVICES, OR MATERIALS MADE AVAILABLE THROUGH EDWEEK.ORG, EVEN IF EPE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF EPE, ITS SUBSIDIARY AND PARENT COMPANIES AND AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EPE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF EDWEEK.ORG. IF YOU ARE DISSATISFIED WITH ANY EDWEEK.ORG MATERIAL, PRODUCTS, OR SERVICES, OR WITH ANY OF EDWEEK.ORG’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

TERMINATION

EPE may restrict or terminate your right to use this website or any part of this website at any time for any reason without notice. The restrictions imposed on you with respect to material downloaded from this website, and the disclaimers and limitations of liabilities set forth in this Terms of Use, shall survive the termination of this agreement or your access to our site.

INTERACTIVE FEATURES

This website may include a variety of features, such as discussion forums, blogs, chats, webinars, videos, calendars, and comment sections, which allow feedback to marketbrief.edweek.org and real-time interaction between users. EPE also uses social media services, including but not limited to Twitter, LinkedIn, and Facebook, to enable feedback and real-time interaction. Responsibility for what is posted on forums, discussions, blogs, and other public posting areas on this website and related social media lies with each user—you alone are responsible for the material you post. As a condition of your use of these features, you warrant to EPE that you will not use them for any purpose that is unlawful or prohibited by this Terms of Service. Except as otherwise permitted in this Terms of Service, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, services, software, or benefits obtained from these features.

In addition, you may not use these features to:
• Defame, abuse, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns;
• Publish, post, distribute, disseminate, or link to any:
(i) profane, defamatory, infringing, obscene, indecent or unlawful topic, material or information;
(ii) software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials;
(iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another’s computer (e.g., “cracks” or other programs written to defeat the security measures of any computer, system or programs);
• Distribute, promote, or link to any sites for the marketing, sales, or distribution of any service or product;
• Harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
• Restrict or inhibit any other user from using and enjoying its rights in the features offered on this website;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Gain unauthorized access to this website, or any account, computer system or network connected to this website, by means such as hacking, password mining or other illicit means;
• Interfere with or disrupt the operation of this website or any servers or networks; or,
• Violate any applicable laws or regulations.

Comments posted on marketbrief.edweek.org should show up immediately. Comments do not require approval before posting. If you receive a notice that your comment is awaiting approval, it is the result of a technical issue. Please contact the Technical Team for help with troubleshooting.

COPYRIGHT COMPLAINTS

EPE respects the intellectual property of others, and we ask our users to do the same. EPE may, at its discretion, terminate the use of these services by users who violate any of the terms of this agreement, or infringe the intellectual property rights of others.

If you are the owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via our website, please provide EPE’s Copyright Agent the following information in a signed notice:
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on our website;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• 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.
Note: Only copyright complaints should be sent to this address. No other communications will be accepted or replied to.

REGISTRATION

To access certain features of this website, EPE may ask you to provide certain information including your name, address, and job function. You agree to provide true, accurate, current, and complete information about yourself as prompted by this website’s registration form, and that you will not register under the name of, or attempt to enter this website under the name of another person. If EPE has reasonable grounds to suspect that any registration information that you provide is untrue, inaccurate, or incomplete, EPE has the right to suspend or terminate your account and refuse any and all current or future use of this website (or any portion thereof) by you. EPE’s use of any information you provide to EPE as part of the registration process is governed by the terms of our Privacy Policy at https://marketbrief.edweek.org/privacy-policy. Membership to EdWeek Market Brief is governed by the Membership Agreement, members should also review the EdWeek Market Brief Membership Agreement at https://marketbrief.edweek.org/membership-agreement.


This agreement constitutes the entire agreement between EPE and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through this website. In the event of any conflict between any such third party terms and conditions and this Terms of Use, this Terms of Use shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any principles or conflicts of law. By using this website, you consent to the exclusive jurisdiction of the state and federal courts in Montgomery County, Maryland in all disputes arising out of or relating to this agreement or this website. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions of this agreement.