Terms of service

Learning by Giving Foundation Terms of Use and Privacy Policy.
These Terms of Use and Privacy Policy (these “Terms of Use”) were last updated on May 3rd, 2013.
By accessing and using http://www.learningbygivingfoundation.org (the “Site”), you are agreeing to be legally bound by these Terms of Use.

1.      LIMITATIONS ON USE.

Certain colleges and universities (the “Schools”) have agreed to share their Learning by Giving Philanthropy Course syllabi, including reading assignments, written assignments and projects, as well as other course materials and resources used for these courses (collectively, the “Course Materials”), by uploading the Course Materials to the Site.  You may use, copy, distribute and/or transmit the Course Materials or any portion of the Course Materials, so long as you comply with these Terms of Use.  The Course Materials and the Site may only be used for non-commercial purposes.  If you use, copy, distribute and/or transmit any portion of the Course Materials, you must clearly state in writing that the Course Materials originated from the Learning by Giving Site, and you must clearly state in writing from which School(s) the Course Materials originated.

“Learning by Giving” is a trademark of Learning by Giving in the United States. Other than as permitted by these Terms of Use, Learning by Giving’s trademarks may not be used in connection with any product or service which is not Learning by Giving’s, in any manner likely to cause confusion or in any way that disparages or discredits Learning by Giving.  Other trademarks that appear on the Site are the property of their respective owners.

2.      USER CONDUCT.

You understand that all information, recordings, data, text, and other materials are the sole responsibility of the person from whom such information, recordings, data, text, or materials originated.  This means that you, and not Learning by Giving, are entirely responsible for all information, recordings, data, text, and other materials that you upload, e-mail, transmit, or otherwise make available via the Site.  You agree that you will not upload any information, recordings, data, text or other materials to the Site unless you are authorized to do so.  You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or without our prior express written consent.  You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

3.      DISCLAIMER OF WARRANTIES AND LIABILITY.

Due to the number of sources from which the Course Materials are obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the Course Materials and the Site.  THE COURSE MATERIALS AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED.  LEARNING BY GIVING AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE COURSE MATERIALS AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND LEARNING BY GIVING HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.  NEITHER LEARNING BY GIVING NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY COURSE MATERIALS ON THE SITE.  IN NO EVENT WILL LEARNING BY GIVING, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH COURSE MATERIALS OR THE SITE.  LEARNING BY GIVING AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES (NOT TO EXCEED US $1,000.00), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4.      LINKS TO THIRD PARTY SITES.

This Site may contain hyperlinks to sites operated by persons other Learning by Giving.  Such hyperlinks are provided for your reference and convenience only.  You agree not to hold Learning by Giving responsible for the content or operation of such sites.  A hyperlink from this Site to another site does not imply or mean that Learning by Giving endorses the content on that site or the operator or operations of that site.  You are solely responsible for determining the extent to which you may use any content at any other sites to which you might link from this Site.

5.      TERMINATION.

You agree that Learning by Giving, in its sole discretion, may terminate your use of the Site, and remove and discard any Course Materials, for any reason, including without limitation, if Learning by Giving believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.  Learning by Giving may also in its sole discretion and at any time discontinue providing services under the Site, or any part thereof, with or without notice.  You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Learning by Giving may immediately deactivate or delete all related information and files and bar any further access to such files or the services provided in the Site.  Further, you agree that Learning by Giving shall not be liable to you or any third party for any termination of your access to the Site.

6.      Indemnification.

You agree to indemnify and hold harmless each of Learning by Giving, its affiliates, officers, directors and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

7.      SUBMISSIONS VIA EMAIL.

If you submit any business information, idea, concept or invention to Learning by Giving by e-mail, you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – Learning by Giving a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Learning by Giving may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Learning by Giving by email.

8.      PRIVACY POLICY

In connection with your use of the Site, we may collect “Non-Personal Information” (i.e., information that cannot be used to identify you). Non-Personal Information includes information such as the web pages that you have viewed.

When users come to our Site, we may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We may also collect information from the URLs from which you linked to our Site. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Site. Although such information is not personally identifiable, we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.

We also use or may use cookies and/or web beacons to help us determine and identify repeat visitors, the type of content and sites to which a user of our Site links, the length of time each user spends at any particular area of our Site, and the specific functionalities that users choose to use.

What are cookies and web beacons?

Essentially, cookies are a user’s identification card for the Learning by Giving servers. Web beacons are small graphic files linked to our servers that allow us to track your use of our Site and related functionalities. Cookies and web beacons allow Learning by Giving to serve you better and more efficiently, and to personalize your experience at our Site. Cookies and web beacons are not used to retain personally identifiable information. From time to time we may also use additional typical methods of collecting data.

What cookies does Learning by Giving use?

Learning by Giving uses cookies provided by Google Analytics, which puts a cookie on the visitor’s machine in order to track their movements and some specific actions on the Site.  This information is not personally identifiable and is only reported to us in non-identifiable, aggregate form.

How can I block or delete cookies?

Most common web browsers today allow you to modify your settings to block cookies entirely, alert you every time they are being sent, or allow their use by only those websites you approve.  You can also delete cookies that are currently stored on your computer’s hard drive.  To do this, look for the Cookie control settings in your web browser (usually under Tools, Options/Internet Options, Privacy/Security tab) and then make your desired selections.

How can I opt out of certain cookies?

You may opt out of Google’s use of certain cookies by visiting the Google advertising opt out page at http://www.google.com/privacy/ads/.

Alternatively, you may opt out of many vendors’ (including Google) use of cookies by visiting the Network Advertising Initiative opt out page athttp://www.networkadvertising.org/choices.

Uses of Non-Personal Information. We use Non-Personal Information in aggregate form to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Site. We may also use it for other business purposes.

9.      GOVERNING LAW AND JURISDICTION.

This Site is owned and operated by Learning by Giving from its offices in Massachusetts. Your use of this Site, and any related legal action, shall be governed by the laws of The Commonwealth of Massachusetts, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Site shall be an appropriate federal or state court located in The Commonwealth of Massachusetts.

10.    CHANGES TO THESE TERMS OF USE.

Learning by Giving may change any term in these Terms of Use at any time.  The changes will appear in these Terms of Use, and your use of the Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes.  Therefore, you should read these Terms of Use each time you access the Site, before you begin using the Site.  You may not use the Site for any unlawful purpose or any purpose not approved by Learning by Giving.

11.    ADDITIONAL LEGAL TERMS.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved.

12.    Children.

The Site is neither designed nor intended to collect personal information from children under the age of thirteen.  To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of thirteen should not provide any information on this Site.

13.    CONTACT US:

If you have further questions about these Terms of Use, our information-gathering practices or otherwise, please contact us.  You may reach us by e-mailing us at info@learningbygivingfoundation.org.