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Terms of Use

Last updated: September 1, 2022

Welcome to the TNTP website (“Website”). Your access to and use of the Website (including any content, functionality, and services offered through the Website) is governed by these Terms of Use (this “Agreement”), which form a legally binding contract between you and TNTP, Inc. (“TNTP,” “we,” “us” “our”). Please read these terms carefully before you use the Website. By using the Website, you agree to be bound by this Agreement and our Privacy Policy. If you make a donation, you agree to be bound by our Donor Privacy Policy. If you do not agree to this Agreement, do not use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes

We may change this Agreement, the Website, or the content or the Services offered on the Website at any time. Any change(s) we make will be effective immediately and prospective only. Your continued use of the Website following the posting of a revised Agreement means you agree to the changes. Please return to this page periodically to ensure familiarity with the most current version of this Agreement.

Our Mission

We are a 501©(3) non-profit focused on ending educational inequality by providing excellent teachers to the students who need them most and by advancing policies and practices that ensure effective teaching in every classroom (our “Mission”). The Website is designed, and all uses of the Website are intended, to be in furtherance of our Mission.

Website Access

You may be required to provide registration details or provide certain information, such as your name or email address, to access certain Website features and functionality, including functionality that permits you to make donations. All information you provide on the Website must be accurate, current and complete. You understand that any information you provide will be treated by TNTP in the manner described in our Privacy Policy or, if you provide information in connection with an online donation, our Donor Privacy Policy. We reserve the right to decline to provide Services to any person for any or no reason.

You are responsible for keeping your user name, password, or other security credentials confidential and secure. You agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Permitted Use of the Website

The services made available on, by or through the Website, which include or may include, without limitation, applying for employment with TNTP, message boards, newsletters, blogs, on-line donations (collectively, the “Services”), as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including, but not limited to data, graphics, logos, images, audio/visual materials, links and references (collectively, “Information”), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale or political campaign. You may not reproduce, display, republish, download, translate, modify, store, transmit, distribute or commercially exploit the Information or any of the materials on the Website, except you may (a) view and print a reasonable number of copies of Information, documents and web pages of the Website for your own personal, non-commercial use; (b) temporarily store copies of Website materials in RAM incidental to your accessing and viewing those materials; and (c) store files that are automatically cached by your Web browser for display enhancement purposes. You may use the Website solely to the extent expressly permitted by this Agreement, and nothing in this Agreement grants, by implication, estoppel or otherwise, any other license or right.

Intellectual Property

The Website and its contents are owned by TNTP and its licensors, and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The trademarks, logos, and service marks displayed on the Website are the registered and unregistered trademarks of TNTP and TNTP’s licensors and suppliers. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Except as set forth in this Agreement, you must (i) not delete or alter any copyright, trademark or other proprietary rights notices from copies of Information from this Website; (ii) provide attribution to TNTP for any Information from this Website, and (iii) if possible, provide a reference to the Website. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise TNTP promptly of any such unauthorized use(s) of which you are aware.

Prohibited Uses

You will not use the Information, Services or the Website to take any action(s) that:

  1. Are contrary to TNTP’s public image, brand, goodwill or reputation or otherwise not in furtherance of our Mission;
  2. Infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. Express or imply that any of your statements, activities or causes are approved or endorsed by us, without our prior written consent in each instance;
  4. Violate any applicable law, statute, ordinance or regulation or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
  5. Are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
  6. Transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
  7. Restrict or inhibit any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website;
  8. Reverse engineer, decompile or disassemble any portion of the Website or Information;
  9. Sublicense, sell, rent, lease, transfer, assign or convey any rights under this Agreement to any third party or otherwise commercially exploit or profit from the Information, Services or content of the Website, or any portion thereof, in any manner whatsoever;
  10. “Frame” or “mirror” any part of the Website without our prior written authorization;
  11. Distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
  12. Interfere with or disrupt any service or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of TNTP or its licensors or suppliers;
  13. Involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
  14. Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security;
  15. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
  16. Execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you;
  17. Harvest or collect information about Website visitors or members without their express consent; and/or
  18. Relate to political candidate campaigns or advertising or fundraise for assistance, support or oppose candidates for public office.

Any such improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and may also result in civil and/or criminal liabilities.

Claims of Copyright Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by TNTP infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed. The notice must include the following information: (a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TNTP to locate the material on the Website; (d) the name, address, telephone number and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Website should be sent to:

Copyright Designated Agent, Michele Listokin @michele.listokin@tntp.org 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Links from the Website

The Website may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website and entirely at your own risk. The fact that we offer such links does not indicate any approval or endorsement of any linked website or any materials, products or services contained on any linked website.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Website; (b) send e-mails or other communications with certain content, or links to certain content, on this Website; or (c) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  1. Establish a link from any website that is not owned by you.
  2. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  3. Link to any part of the Website other than the homepage.
  4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Termination

We may terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this Agreement.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, INFORMATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INFORMATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TNTP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL TNTP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. If we are liable to you for any reason, our liability will be limited to the amount of any donation you have made using the Services.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to fully indemnify, defend and hold TNTP, our affiliates, licensors, suppliers, agents, successors and our directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses arising out of or relating to your breach of this Agreement or your use of the Website, including any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party.

Governing Law and Jurisdiction

All matters relating to the Website and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by TNTP of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TNTP to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Entire Agreement

The Agreement, our Privacy Policy, and Donor Privacy Policy constitute the sole and entire agreement between you and TNTP with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Contacting TNTP

The Website is operated by TNTP, Inc., 500 7th Avenue, 8th Floor, New York, NY 10018.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to TNTP at contact form.