1. Hi there
We know you’re smart because you’re interested in education so we probably don’t have to explain definitions of words to you. However, our big fancy city lawyers might use some normal words differently than usual in this document, so we’ve listed some of them here just to make things easy. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“HotChalk” refers to our company, known as “HotChalk, Inc.”; our Site; our Service, which operates as the HotChalk Education Network; chalk that you put in boiling water for some strange reason; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our Site, including our Common Core State Standards curriculum informational services (try to say that three times fast);
“Site” refers to our website, www.hotchalkeducationnetwork.com;
“User” refers to anyone who uses our Service, including Educators, Parents, Publishers, goldfish which have achieved human-like sentience, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with HotChalk.
3. What HotChalk Offers
The HotChalk Education Network serves the largest online audience of educators and parents in the world! Our Service is intended for adults who care about education, including teachers, administrators, and parents.
For Educators: The HotChalk Education Network offers teachers and administrators like principals and superintendents the latest news, information and other resources needed to help understand, implement and teach the new Common Core State Standards curriculum, and effectively use technology in and out of the classroom.
For Parents: The HotChalk Education Network gives parents the news, information and other resources they need to stay informed about the Common Core State Standards implementation and curriculum, and new things in education like blended learning and educational technology, like apps.
For Publishers: The HotChalk Education Network offers you a place to be mentioned or profiled (by our editorial staff) if you’re a publisher of material that is of interest to teachers or parents.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States, the Klingon Empire, or other political bodies having jurisdiction over this Agreement, HotChalk, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age. We ask to verify that you’re at least 13 years old to comply with the Children’s Online Privacy Protection Act (COPPA) that prohibits the collecting of personal information from anyone under the age of 13.
- You must not be a robot. Robots can cause a drain on our network’s resources, plus sci-fi movies teach us that the ones smart enough to read documents like this usually turn on humans and become their futuristic mechanical overlords.
5. Nature of Service
HotChalk strives to keep timely, accurate, and complete information on its Site. However, erroneous information may be posted on our Site either by us, a Publisher, or some other third party. You agree that HotChalk is not responsible for any losses that you may incur as a result of your reliance on information posted on our Site. If an author says they have a degree from a university that you happen to know was located above a bowling alley briefly in 1994 before going bankrupt, you may wish to exercise caution in listening to the information they provide. We will, however, try to vet people.
6. Rules of Use
You must not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country, even if the municipality has Rob Ford for its mayor.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of HotChalk or its delegates. “Objectionable” shall be deemed to include anything relating to marmalade—yuck.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, ice fish, deep sea fish, SQL inject, or otherwise compromise the security or integrity of the HotChalk Site, Service, or its Users’ computers.
- Do anything else which could bring HotChalk into disrepute or violate the rights of any person, or anything which could be objectively described as being a big doo doo head.
7. Our Copyright
HotChalk must protect its proprietary content because it is used to distinguish us from our competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including content submitted by Publishers or other third parties, without receiving our prior written permission, that of the person who holds the copyright to such content, or two thirds of the Senate and House of Representatives.
8. Your Copyright
HotChalk must be assured that it has the right to use the content that is posted to its Site by its Users. Whether you are a Publisher or otherwise, such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, bake into cookies, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
Everyone’s entitled to an opinion. But as an Internet Service Provider, HotChalk is not responsible for and does not necessarily agree with the opinions expressed by content contributors to our service. Opinions, exclamations, snide remarks, and any and all other statements expressed by users and third parties are theirs alone, not opinions of HotChalk. Content created or posted by third parties is the sole responsibility of the third parties, and HotChalk offers no promise, endorsement or money-back guarantee related to its accuracy or completeness. So don’t believe everything you read, OK? By using our service, you agree that by providing you with the ability to view and distribute content through our site, HotChalk assumes no obligation or liability related to the content. HotChalk and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders (a) do not undertake or assume any duty to monitor our service for inappropriate, offensive or unlawful content, and (b) assume no responsibility or liability that may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the extremely lengthy previous sentence, HotChalk reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
“HotChalk” and “HotChalk Education Network” are marks used by us, HotChalk, Inc., to uniquely identify our Site, Service, business, and ancient family coat of arms. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
11. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you. Please don’t put our logo on your house because if it’s a really cool house and we see it on MTV Cribs, we might decide to make it our own.
12. Copyright & Trademark Infringement
A long time ago, shortly after the Big Bang, high-tech aliens invented a force field known as the “DMCA.” Little is known about the DMCA other than that it is an excellent tool for protecting people against copyright trolls, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification electronically and send it to our Copyright Agent at email@example.com.
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable because we know that being nice helps us both stay out of stuffy courtrooms with angry bald guys in black dresses who yell things we don’t understand.
13. Communications Decency Act
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for jerk-faces (this is a legal term) who might say mean things on our Site, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
14. Representations & Warranties
OKAY, THIS IS IMPORTANT SO WE’RE GOING TO BE SUPER SERIOUS ABOUT IT AND TYPE IT IN ALL CAPS LIKE WE’RE YELLING AT YOU FROM A DISTANT BUT AUDIBLE LOCATION. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY TORT OR OTHER WRONGFUL ACT COMMITTED BY ANOTHER USER IN RELATION TO YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. We will probably do this if the other side has a case because we would rather go to the dentist than be on the legal team equivalent of the Titanic.
16. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.
17. Forum of Dispute
Because California law does not permit surfing competitions to solve legal disputes, you agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court of the State of California (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
18. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, acts of dog, war, peace, insurrection, riots, terrorism, zombie attacks, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, alien invasions, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, rabid grizzly bears, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, HotChalk shall have the sole right to elect which provision remains in force. We may do this by having a break dancing competition or we may simply choose which one HotChalk thinks is most beneficial to us.
HotChalk reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. This means that just because Joe might get away with letting a metaphorical bull loose in our China shop without being sued, it doesn’t mean that we’ll let Jim do it, too, without taking him to court. Please leave the bulls at home.
21. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users, even if they have a peg leg, eye patch, and gang tattoos and we don’t do anything to stop them from using our Site.
22. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. We are unlikely to do this unless someone offers us a billion dollar buyout, because we enjoy being in this business too much.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time you use our Service and your continued use of our Service shall constitute your acceptance of any such amendments. The changes shouldn’t be anything too frightening but it’s good practice to read them anyway because others websites might use clauses like this to secretly get you to pay a thousand dollars per month to have pictures of dancing cats sent to your cell phone.
24. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about HotChalk must be addressed to our agent for notice and sent via certified mail to: HotChalk, Inc., 1999 S. Bascom Avenue, Suite 1020, Campbell, California, 95008, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: April 29, 2014