Effective Date: January 7, 2021

Welcome to the SERP Institute’s website (Site). Please read these Terms of Service (“Terms”) before using the Site or registering for access to SERP’s Educator Resources. By “Service” we include the website and all content and pages located within and accessible through this website, forums and other electronic services available via this website (collectively “Resources”), with the exception of purchases of SERP Licensed Digital Products, which have separate Terms of Use.

We value your privacy while you visit the Site. Our separate Privacy Policy provides the details regarding the collection and use of information while you are on our Site. We encourage you to read the privacy policy so that you will understand your choices with regard to protection of your personal information. The SERP Privacy Policy is considered as part of these Terms.

1. Terms of Service applicability.

These Terms apply to all who use the SERP Site (“Users”). As a User, you agree that these Terms are binding. If you do not accept and agree to be bound by these Terms, you may not access or use the Site and its content.

These Terms are effective as of the date identified above. Future changes to the Terms may be made and posted on this site. By seeking to register, access, or use any Services after changes have been made, you signify your agreement to the modified Terms, which will be effective immediately unless we notify you of a later effective date. If you do not agree to changes in the Terms, please discontinue your use of the product.

2. Registration

Access to many of SERP’s Educator Resources requires registration. You must be at least 18 years old to register. Information we collect when you register is: First and Last Name, Position, Name of School or Organization ZIP or Postal Code, Username, Password, and Email address.

3. Standards of Conduct.

To protect the experience of all Users, you agree not to misuse the Site or its Resources. For example, you agree not to do, attempt to do, or encourage others to do, any of the following: 

i.Interfere with the normal operation of the Site or its Resources, or the availability of the Resources to other Users.

ii.Use the Resources for commercial purposes.

iii.Maintain any link to the Resources from any commercial website.

iv.Use the Site to transmit or collect personally identifiable information about other Users.

v.Use the Site for purposes of promoting any other goods or services.

vi.Use the Site to post or send material that is unlawful, harmful, harassing, defamatory, abusive, threatening, profane, sexually oriented, obscene, threatening, racially offensive, inaccurate or objectionable in any way that could constitute a criminal offense, or otherwise violate any applicable laws or regulations. 

vii.Use any other User’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain. 

4. SERP retains all rights to intellectual property, copyrights and trademarks associated with our Resources. 

The intellectual property, including but not limited to the content and appearance, are protected by intellectual property laws in the U.S. and in other countries. SERP retains all rights, title and interest in and to the intellectual property contained in or otherwise associated with our Resources. You agree to comply with such laws, and, without limitation, you agree not to use our trademark in any way that is likely to cause confusion or to discredit SERP in any way. 

You are granted permission to access and use the SERP Resources for your own, noncommercial purposes in accordance with the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Non-student Users who publicly post materials on the Site grant SERP and other Users of the Site an unlimited license to reproduce, distribute, and share such materials without the User’s permission. 

5. If you have evidence that your copyrighted work has been used on the Site, you should notify us immediately.

SERP respects the intellectual property rights of others. If you believe content included on the Site infringes your copyright, you may send notification to:

Beverly Hoffmaster

SERP Institute

1100 Connecticut Ave. NW, Suite 1310

Washington, DC 20036

bhoffmaster@serpinstitute.org

6. Rights and Remedies for use of SERP Content are limited. 

SERP WORKS DILIGENTLY TO DELIVER QUALITY CONTENT. BUT UNFORESEEN CIRCUMSTANCES MAY ARISE. SERP CONTENT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERP CONTENT IS ENTIRELY AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT: (1) ACCESS TO THE CONTENT WILL BE UNINTERRUPTED, SECURE, TIMELY, OR FREE OF ERRORS; (2) THE CONTENT OR THE SERVERS HOSTING IT WILL BE FREE OF VIRUSES OR OTHER DAMAGING CODE; OR (3) THE CONTENT WILL CONTINUE TO BE AVAILABLE IN THE FUTURE. 

SERP STRIVES TO SERVE OUR USERS WELL. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE USE OF OUR CONTENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED BY OUR CONTENT. 

FROM TIME TO TIME, SERP RESOURCES MAY INCLUDE LINKS TO OTHER RESOURCES AS A CONVENIENCE TO OUR USERS. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, FUNCTIONALITY OR LEGALITY OF DIGITAL PROPERTIES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO SUCH DIGITAL PROPERTIES. 

IF YOU ARE DISSATISFIED WITH SERP CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE RESOURCES. THIRD PARTY USERS OF THE RESOURCES MAY HAVE POSTED CHANGES TO THE CONTENT. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT. SERP SHALL HAVE NO LIABILITY FOR ANY SUCH CONTENT. 

SERP SHALL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED OR REFERENCED IN THE CONTENT. WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES IN CONNECTION WITH USE OF THE CONTENT, WHETHER FORESEEABLE OR UNFORESEEABLE.

7. If you violate these Terms, and the violation results in a claim against us, you must make us whole. 

YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS, INCLUDING DAMAGES, COSTS AND EXPENSE, OR ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OR MISUSE OF THE CONTENT. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF A CLAIM SUBJECT TO INDEMNIFICATION, AND YOU AGREE TO COOPERATE WITH US IN SUCH A CASE TO DEFEND THE CLAIM. YOU MAY NOT SETTLE ANY CLAIM COVERED BY THIS SECTION WITHOUT OUR PRIOR APPROVAL IN WRITING. 

8. Miscellaneous provisions.

These Terms are governed in accordance with the laws of the District of Columbia. By registering for or using the Content, you consent and submit to the exclusive jurisdiction and venue of the District and Federal courts located in the District of Columbia. 

If any provision of these Terms conflicts with the law under which these Terms are to be construed, such provisions shall be deemed to be restated in accordance with the law to reflect as nearly as possible the original intention of these Terms. All other provisions shall remain in effect.

The failure of either party to enforce strict performance by the other party of any provisions in these Terms will not be construed as a waiver or relinquishment of such party’s right to assert any such provision or right in any other instance. 

Questions and concerns may be directed to:

Beverly Hoffmaster

SERP Institute

1100 Connecticut Ave. NW, Suite 1310

Washington, DC 20036

bhoffmaster@serpinstitute.org