Terms of Use

Terms of Use

Terms of Use updated 5/1/2020 

These terms and conditions (the “Terms of Use”) apply to all web sites and applications (collectively,  the “Sites”) owned and operated by Forming Lives Inc., dba Hope Rising SEL or one of our affiliated  companies (“Hope Rising SEL” or “us” or “we”). By registering for or otherwise using any of our Sites  or Services (as defined below), or accessing any content or material that we make available through  the Services or Sites, you agree to these Terms of Use. You may also agree to these Terms of Use by  signing or entering into an ordering document with Hope Rising SEL that incorporates these Terms  of Use. These Terms of Use, our privacy policy which is hereby incorporated by reference, and any  ordering document form a legally binding agreement between you and Hope Rising SEL (collectively,  this “Agreement”). We reserve the right, at our discretion, to change these Terms of Use in the  future. 

If you do not agree to this Agreement, you may not access or otherwise use the Sites or the Services. 

You may use the Services only if you have reached the age of majority or legal age in your  jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law. If  you are under 18 or the legal age of majority in your jurisdiction, your educational institution,  parent, or guardian must agree to these Terms of Use on your behalf. 

PROPRIETARY SERVICES FOR REGISTERED USERS. 

Hope Rising SEL operates electronic platforms/systems including web and mobile  applications that enable instructors and administrators of educational institutions to access  and use certain online products and services offered by Hope Rising SEL (collectively and  including any subsequent versions of such platforms/systems and applications, the  “Services”) through our Sites. The material on our Sites include general non-proprietary  information available to all users of our Sites, but in order to access and use the Services you  will be required to register on our Sites or through your educational institution. 

USER INFORMATION, COPPA. 

During the course of using the Services, we may ask you to share certain personal  information in order for us to provide you with the Services. Our Privacy Notice describes our  policies around collecting, using, and maintaining the privacy of yourinformation. You  acknowledge and agree that between you and Hope Rising SEL, only you are responsible for  the accuracy and content of your personal information, and you agree to keep it up to date. 

In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we  will never knowingly solicit, nor will we accept, personally identifiable information from  users known to be under thirteen (13) years of age without the consent of their educational  institution or the child’s parent or guardian. If an educational institution with students that  are under thirteen (13) years of age uses our Services, the educational institution may also  provide us with personally identifiable information about its students. We use student information to provide the Services to the educational institution and its students, consistent  with our Privacy Notice.

INTELLECTUAL PROPERTY. 

During the applicable term of your Services, subject to the payment of any fees in any  applicable agreement, Hope Rising SEL grants you a limited, non-exclusive and non transferable access and use the Services over the Internet via the Site provided for the  Services for your own internal use for educational purposes only. Hope Rising SEL is the  owner and/or authorized user of all trademarks, logos, service marks and trade names  (collectively the “Trademarks”) on our Sites and is the owner or licensee of the content  and/or information on our Sites. Your use of our Sites does not grant to you a license to any  content or materials you may access on our Sites, unless otherwise expressly provided in  these Terms of Use or the Terms of Service. You may not use any Trademark displayed on our  Sites without our prior written consent or prior written consent of the third-party that owns  any other trademarks. 

ACCESS TO HOPE RISING SEL CONTENT. 

We may provide you with access to content and information related to the Services (the  “Hope Rising SEL Content”). Your use of Hope Rising SEL Content is subject to these Terms of  Use as well as any additional terms you agree to in connection with such Hope Rising SEL  Content and/or posted on the Site for the Hope Rising SEL Content, including, without  limitation, any prohibitions on distribution of the Hope Rising SEL Content to students or  third parties. You are responsible for maintaining the confidentiality of your password and  account and are fully responsible for all activities that occur under your password or account.  You may not share or distribute to a third party any screen name or password for accessing  the Services or the Hope Rising SEL Content. You may access and use materials from the  Services and/or the Hope Rising SEL Content only for your own research or study. 

RESTRICTIONS ON USE. 

Only you are to access the Services and/or the Hope Rising SEL Content using your username or password. If we have reason to believe you have shared your password information or  access to your account or have used the Services in violation of the provisions herein, we may  suspend or terminate your account and refuse any and all current or future use of the  Services. You agree that you will not otherwise copy, transmit, rent, forward, lend, sell, or  modify any materials from the Services and/or the Hope Rising SEL Content or modify or  remove any proprietary notices contained therein, or create or enable the creation of  derivative works based thereon. You may not use any robot, spider, other automatic device or  program or manual process to access, monitor, copy or reproduce the Services or the Hope  Rising SEL Content. You may not engage in systematic retrieval of content from the Services  or the Hope Rising SEL Content to create or compile, directly or indirectly, a collection,  compilation, database or directory. You may not disseminate any portion of the Services or  the Hope Rising SEL Content through electronic means, including mail lists or electronic  bulletin boards. You may not reverse engineer the Services, nor circumvent, disable, or otherwise interfere with any technical and/or other limitations, including without limitation  security-related features. You acquire no right, title or interest in any Hope Rising SEL  content except for the limited access granted to you, and Hope Rising SEL reserves all rights in the Hope Rising SEL Content. 

COMMUNICATIONS TO Hope Rising SEL.

Although we encourage you to e-mail us, you should not e-mail us anything that contains  confidential information or personally identifiable information. Please refer to the Privacy  Notice with regard to how we handle your personal information. By e-mailing us or  otherwise providing content to us, or posting content to the Sites or the Services including  but not limited to feedback, questions, comments, suggestions, and the like (collectively,  “User Content”), we may use any non-personally identifiable ideas, concepts, know-how, or  techniques contained in your communications for any purpose whatsoever, including but not  limited to, the development, production and marketing of products and services that  incorporate such information. You own the rights to anything you post to the Sites or the  Services, including text and photographs. You do, however, grant us an irrevocable, non exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish,  perform, sublicense, and create derivative works from all non-personally identifiable  submissions you provide to us, in any media now known or hereafter devised. 

COMMUNITY GUIDELINES. 

In using the Sites or Services, you agree you will not: (a) submit material that is unlawful,  obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or  ethnically offensive, excessively violent, or encourages conduct that would be considered a  criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or  objectionable; (b) post advertisements or solicitations of business; (c) impersonate another  person; (d) submit material that is copyrighted, protected by trade secret or otherwise  subject to third party intellectual property or proprietary rights, including privacy and  publicity rights, unless you are the owner of such rights or have permission from their  rightful owner to post the material and to grant Hope Rising SEL all of the license rights  granted herein; (e) submit material that is unsuitable for minors in any country; or (f) submit  material that is malicious or destructive in nature, or contain a virus or other computer  programming routine or engine that is intended to damage or otherwise interfere with any  system, data, or information. Hope Rising SEL does not and cannot review all User Content or  Service Uploads and is not in any manner responsible for such content. Hope Rising SEL  reserves the right, but has no obligation, to refuse to post, block or remove communications  or materials for any reason in its sole discretion. Hope Rising SEL may terminate your access  to our Sites and/or the Services to prevent further posting or distribution of any  communications or materials, and Hope Rising SEL may, but is not obligated to, report any of  your communications or materials to your educational institution. 

NO WARRANTIES. 

WE AND OUR LICENSORS AND SERVICE PROVIDERS MAKE NO WARRANTIES OR  REPRESENTATIONS ABOUT THE CONTENTS OF OUR SITES, HOPE RISING SEL CONTENT OR  THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR  INTERRUPTIONS OF OUR SITES OR THE SERVICES FROM WHATEVER CAUSE. YOU AGREE  THAT YOU USE THE SITES, THE HOPE RISING SEL CONTENT, AND THE SERVICES AT YOUR OWN RISK. OUR SITES, HOPE RISING SEL CONTENT AND THE SERVICES MAY CONTAIN  TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. HOPE RISING SEL  IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. HOPE  RISING SEL RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR  IMPROVEMENTS TO OUR SITES, HOPE RISING SEL CONTENT AND THE SERVICES AT ANY  TIME WITHOUT NOTICE. 

EXTERNAL WEBSITES. 

Our Sites may contain links to third-party applications or websites (“External Websites”).  These links are provided only as a convenience to you and not as an endorsement by us of the  content on such External Websites. When you access an External Website, Hope Rising SEL  has no control over its content, applications, or services. We do not make any representations  regarding the accuracy, quality, or accessibility of any External Website or its content or  materials. Hope Rising SEL disclaims all liability for any errors, omissions, violation of third party rights or illegal conduct arising from such External Websites. 

INDEMNIFICATION. 

You agree to defend, indemnify, and hold harmless Hope Rising SEL and our officers,  directors, employees, successors, licensors, service providers, and assignees from and against  any claims, actions, demands, liabilities, losses, damages, costs and expenses including,  without limitation, reasonable legal and accounting fees, arising from or relating to your  breach of this Agreement or your access to, use, or misuse of the Hope Rising SEL Content,  our Sites, or the Services. We shall provide notice to you of any such claim, suit, or proceeding  and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We  reserve the right to assume the exclusive defense and control of any matter that is subject to  indemnification under this section. In such case, you agree to cooperate with any reasonable  requests assisting our defense of such matter. 

LIABILITY. 

IN NO EVENT WILL HOPE RISING SEL OR ITS LICENSORS OR SERVICE PROVIDERS BE  LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR  EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST  MONEY, LOST DATA, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT,  STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES  ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE HOPE RISING SEL  CONTENT, SITES, THE SERVICES, OR OTHERWISE ARISING FROM OR RELATING TO THESE  TERMS OF USE AND IN NO EVENT SHALL THE LIABILITY OF HOPE RISING SEL OR ITS  LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE HOPE RISING SEL CONTENT, THE SITES, OR THE SERVICES, EVEN IF  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING  EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, HOPE RISING  SEL’S LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED  BY LAW. 

TERMINATION OF THE AGREEMENT. 

We reserve the right in our sole discretion, to restrict, suspend, or terminate your use or  access to any of the Services, Hope Rising SEL Content, and/or our Sites and/or discontinue  any portion, feature, or content of the Services, Hope Rising SEL Content, our Sites, or this  Agreement at any time and for any reason without prior notice or liability. If you violate  these Terms of Use Hope Rising SEL may, but is not obligated to, report any such violation of  these Terms of Use to your educational institution. When reasonably feasible, we will make  reasonable efforts to provide notice of significant changes to the Services to end users with  use the Services. 

MISCELLANEOUS. 

If any provision of this Agreement is found to be invalid by any court having competent  jurisdiction or terminated in accordance with the “Termination of the Agreement” provision  above, the invalidity or termination of such provision shall not affect the validity of the  following provisions of this Agreement, which shall remain in full force and effect:  “Intellectual Property,” “Communications to Hope Rising SEL,” “No Warranties,”  “Indemnification,” “Liability,” “Compliance With Applicable Laws,” “Termination of the  Agreement,” and “Miscellaneous.” Our failure to act on or enforce any provision of this  Agreement shall not be construed as a waiver of that provision or any other provision in this  Agreement. No waiver shall be effective against us unless made in writing, and no such  waiver shall be construed as a waiver in any other or subsequent instance. Except as  expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement  between you and us with respect to the subject matter, and supersedes all previous or  contemporaneous agreements, whether written or oral, between the parties with respect to  the subject matter. The section headings are provided merely for convenience and shall not  be given any legal import. This Agreement will inure to the benefit of our successors, assigns,  licensees, and sublicenses.