iLearn Collaborative Terms and Conditions

A.      Acceptance of Terms.

Welcome to the iLearn Collaborative (“iLC”).  iLC provides the Services (defined below) to you subject to the following Terms and Conditions (“TAC”), which may be updated by us from time to time without notice to you.  You can review the most current version of the TAC at any time at: https://www.ilearncollaborative.org/terms-and-conditions.  By accessing and using the Services, you accept and agree to be bound by the terms and provision of the TAC.  In addition, when using particular iLC owned or operated services, you and iLC shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TAC.  iLC may also offer other services that are governed by different Terms of Service.  In such cases the other terms of service will be posted on the relevant service to which they apply.

B.      Description of iLC Services.

iLC provides users with access to a wide variety of digital content, professional development courses, resources, and instructional and support services.  Our Services include without limitation ilearncollaborative.org (our “Site”), various communication tools, forums, personalized content, branded programming, consulting services, training services, our website and user interfaces through its network of properties and resources which may be accessed through any various medium or device now know or hereinafter developed (the “Services”).  Our Services also include Learn Collaborative Membership, Professional Development Courses, Professional Development Digital Content, iLearn Collaborative Digital Content Warehouse for K-12 Content, and Consulting Services. 

iLC reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.  You agree that iLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services (or any part thereof).

You also understand and agree that the Services may include advertisements.

C.      Notice and Consent to Electronic Communications

When you use our Site, Products, or Services, or send e-mails to us, you are communicating with us electronically.  By using this Site, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages.  We will communicate with you by e-mail, text messaging or by posting notices to your account on our Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including notice and the enforcement of electronic signatures.

D.      Accessing Our Services

Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide without notice.  We will not be liable if for any reason our Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of our Site, or to our entire Site.  We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of the TAC.

You agree that by using this site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.  If you provide any information to us that is untrue, inaccurate, not current or incomplete, or iLC has reasonable ground to suspect that such information to us that is untrue, inaccurate, not current or incomplete, iLC has the right to suspend or terminate your access to the Services (or any portion thereof). 

Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the TAC.  You understand and agree that the Services is provided "AS-IS" and that iLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.  You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Services. You understand that the technical processing and transmission of the Services, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

E.       Member Account, Password, and Security.

You are solely responsible for keeping confidential any password and account you may be granted to access our Services.  You are fully responsible for all activities that occur under your password or account.  You agree to immediately notify iLC of any unauthorized use of your password or account or any other breach of security.  iLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.  We advise you not to share your password, payment methods or any other information associated with our Site or your account with anyone.

F.       Use of Our Services

As a condition of using our Site, Products, and Services, you agree not to use our Site, Products and Services, among other things, to:

1.              Impersonate any person or entity, including but not limited to an official of iLC or its affiliates, or falsely state or otherwise misrepresent your affiliation with a person or entity;

2.              Forge headers or otherwise manipulate identifiers in order to disguise the origin of any text, software, music, sound, photographs, graphics, video, or other materials (hereinafter referred to as “Content”) transmitted through our sites;

3.              Harm minors in any way;

4.              Harass, threaten, embarrass or cause stress, unwanted attention, or discomfort to a person or entity;

5.              Transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by iLC;

6.              Transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

7.              Transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation;

8.              Transmit or otherwise make available any Content containing any “virus,” worm,” “Trojan horse,” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

9.              Interfere with or disrupt our Site, Products, Services, servers or networks connected to our sites, or disobey any requirements or policies of networks connected to our Site, Products, or Services; or

10.           Intentionally or unintentionally violate any applicable local, state, national, or international law.

You further agree that this list is not intended to be complete, but merely illustrative.  We reserve the right in our sole and final judgment to determine whether certain conduct violates this Use of Our Site Section.

G.      Services Delivered via an Alternative Site

In its sole discretion, and upon your request, iLC may allow you to access its Services via a Learning Management System that you license directly from a third-party provider.  In this case, iLC will put forward its best efforts, with the support of your technical team and staff, to ensure that our Services function correctly in your system.  Notwithstanding the foregoing, all terms and conditions related to the use of our Services and our Site apply to the use of our Services on any alternative site.

H.      Grant of Limited License to Use the Products and Services

Unless otherwise specified, the Services are for your use only and we grant you a limited, non-exclusive, non-transferable, license for that purpose.  Except for the foregoing limited license, no right, title or interest shall be transferred to you.  You may not modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Site, without our prior, express written consent.  You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on our Site and Services.  Any unauthorized use of the Services or its contents will terminate the limited license granted by us.

I.        Intellectual Property and Proprietary Rights

Unless otherwise indicated the Content displayed on our sites is the property of iLC and our affiliates, third-party providers, or their respective licensors and is protected by copyright, trademark, and other laws.  Any such Content may be displayed solely for your personal, non-commercial use.  You agree not to reproduce, modify, publish, translate, create derivative works from, distribute, display, retransmit, or sell such Content without the prior written permission of the respective owner.

J.        Links

Some links within our web site may lead you to other sites (third-party sites). iLC does not have control over those sites and is not responsible for their content or your reliance on the information contained there.  Our links to third-party sites do not necessarily create an endorsement or approval of any content on those sites.  Once you go to a third-party site, you do so at your own risk.  You are subject to the terms, conditions of use and privacy policies of the third-party site.

K.       Cookies

This website utilizes cookies, which are small text files placed on your computer or mobile device when you visit our site.  Cookies enable you to move from page to page on our website, and allow information you enter to be remembered.

Using cookies helps us improve the functionality of our website and enhances your experience when using it.  Cookies can be disabled by changing the settings on your browser.  If you do decide to disable cookies, certain areas and features of our website may not perform as designed. By using our website, you consent to our use of cookies as described above.  Please note that non-iLC websites you are directed to from our website may have their own cookie policies.

L.       Disclaimers of Warranties

Commentary, testimonials, reviews, and other materials posted on our website along with the Services themselves are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.  Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

iLC and its subsidiaries, affiliates, officers, employees, or agents makes no warranties, representations or claims of any kind with respect to any of the information in the Services, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall iLC or any of its subsidiaries, affiliates, officers, employees, or agents involved in the creation or delivery of the material in the Services be liable to you or anyone else as a result of damages from your access or use of material on the Services.

1.       EXCEPT AS OTHERWISE PROVIDED, Your use of the SERVICES ARE at your sole risk.  The Services are PROVIDED on an  “AS IS” AND “AS AVAILABLE” basis.  iLC and its subsidiaries, affiliates, officers, employees, or agents expressly disclaim all warranties of any kind, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2.       iLC AND its subsidiaries, affiliates, officers, employees, or agents MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

3.       ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4.       NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iLC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.

M.    Limitation of Liability

OUR LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF US BREACHING THIS AGREEMENT, INCLUDING DELIBERATE BREACHES, IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE SERVICES YOU PURCHASED.

IN NO EVENT SHALL iLC, OR ITS SUBSIDIARIES OR ANY OF THEIR, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH EXCEED THE PURCHASE PRICE OF THE RELEVANT PRODUCT OR SERVICE. IN THE EVENT THAT A CLAIM DOES NOT RELATE TO A SERVICE, OUR TOTAL LIABILITY TO YOU FOR ANY RELATED DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). THE LIMITATIONS STATED HEREIN WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THE TAC, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TAC SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO iLC WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

N.       Indemnity

You agree to defend, indemnify and hold harmless iLC, its affiliates, and its/their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from:  (i) your use of and access to the Services; (ii) your failure to comply with any of term of the TAC; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) or any activity related to use of the Services (including negligent or wrongful conduct) by you or any other person accessing the Services using your Internet account or (v) any claim that any Response submitted by you causes damage to a third party.  This defense and indemnification obligation will survive the TAC and your use of the Services.

O.     Waiver and Severability

The failure of iLC to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision.  No waiver by iLC of any right or provision of the TAC shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any of the TAC are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

P.      Choice of Law and Forum

You and iLC each agree that the TAC and the relationship between the parties shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TAC, or the relationship between you and iLC, shall be brought exclusively in the courts located in the county of Denver, Colorado.

Q.     Entire Agreement and General Information

The TAC constitutes the entire agreement between you and iLC and governs your use of the Services, superseding any prior version of this TAC between you and iLC with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other iLC services.  The section titles in the TAC are for convenience only and have no legal or contractual effect.  iLC may freely assign the TAC and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice).

iLearn Collaborative is located at 3461 Ringsby Court, Suite 315, Denver, CO 80216.  Additional information about contacting us is available on our Site.

Terms and Conditions for Specific Services

Additional terms and conditions apply for specific services.  If you choose to utilize a specific Service enumerated below, you agree to be bound by the corresponding additional terms and conditions under such specified section below.

R.      General Membership

a.       Benefits/Dues - Member benefits and dues are specified here.  Membership dues and benefits are subject to change at any time and without notice

b.       Term - The membership term is 1 year, beginning with and including the month the annual dues payment is received.  Membership dues are nonrefundable.

c.       Benefit Activation - All membership benefits are valid only during the membership term.  Activation of some benefits may require action from the member.

S.       Professional Development Courses

These terms and conditions apply to use of the courses in this catalog (https://www.ilearncollaborative.org/professional-development-coursecatalog).

a.       Payment - Payment must be received prior to enrollment in a course and is non-refundable.

b.       Pre-Requisites - In order to enroll in intermediate or advanced courses, the user must have demonstrated mastery of beginner concepts.  Mastery may be demonstrated through either the successful completion of beginner courses, an iLC placement test, or via another process mutually agreed upon with iLC district leadership.

c.       College Credit - Users wishing to receive college credit for the course must complete the appropriate university enrollment process and pay appropriate fees directly to the university, prior to starting the course.  For Western State University, see here (http://www.western.edu/academics/extended-studies/ilearncollaborative-professional-development).

d.       Course Access - Access to the course content, the facilitator, peer forums, and any synchronous sessions will be open for the duration of the course, as determined during the enrollment process, typically 3-6 weeks.  If the user is unable to complete the course in the designated time frame, iLC may, in its sole discretion, allow the user to re-enroll in the same course in exchange for a $50.00 administrative fee.  Re-enrollment, if permitted, may or may not be for a consecutive period of time.

e.       Distribution - iLC reserves the right to select the technology used to deliver the course.

f.        Digital Content Usage - The digital content may be used exclusively to promote the individual user’s learning.  The user agrees that he or she will not distribute the digital content, and that he or she may not rent, lease, lend, sell, redistribute or sublicense the digital content. The user may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the digital content, any updates, or any part thereof.

g.       Conduct - The user is expected to participate in peer discussions and forums in a professional manner.  If, in iLC’s sole discretion, participation is deemed unprofessional or inappropriate, iLC reserves the right to un-enroll the user and prevent the user from accessing other courses or Services.

h.       Certificate of Completion - The user will receive a certificate of completion at the conclusion of each course if the user receives a passing grade of 80% or better.  This certificate may be used towards re-certification and is typically worth 15 clock hours for a 3-week course.  If the user did not receive a passing grade of 80% or better, and would like to try again, they may request to re-enroll in the course for a $50.00 administrative fee.  Re-enrollment, if permitted, may or may not be for a consecutive period of time.

T.       Professional Development Digital Content

a.       Content

These terms and conditions apply to use of the digital content in this catalog (https://www.ilearncollaborative.org/professional-development-coursecatalog).

b.       License

iLC owns all proprietary rights, including patent, copyright, trade secret, Trademark and other proprietary rights, in and to the materials it provides its users (“Licensed Materials”).  The Licensed Materials shall remain the property of iLC and the user holds no ownership rights to said items.

The license to use the Licensed Materials is non-transferable.  The user agrees that it will not distribute the Licensed Materials, and that it may not rent, lease, lend, sell, redistribute or sublicense the Licensed Materials.  The user may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Materials, any updates, or any part thereof.

Upon the termination of this and any other agreement to use the Licensed Materials, for whatever reason, the License granted to the user pursuant to this Agreement shall automatically and immediately terminate.  The user shall immediately discontinue its use of the Licensed Materials and shall promptly take all steps to refrain from further use of the Licensed Materials.

c.       Content Customization

The user may elect to revise the Licensed Materials or make additions to the Licensed Materials (collectively “Content Enhancements”) at its sole discretion provided that it agrees that (a) the user may only use the Content Enhancements to provide professional development to those individuals exclusively employed or directly contracted by the user and (b) iLC may incorporate the Content Enhancements, at its sole discretion, into the Licensed Materials that are sold or licensed to other clients without permission by the user who created the Content Enhancements.  The user agrees to take such steps as are necessary or reasonably requested by iLC to ensure that iLC can access and utilize the Content Enhancements, including without limitation obtaining assignments from the user’s employees, agents, and independent contractors of any intellectual property rights such employee, agent, or independent contractor may otherwise have or claim in the Content Enhancements.

d.       Membership

The user agrees to maintain an active iLC membership.  For avoidance of doubt, failure to maintain an active membership is a breach of the TAC and of the terms and conditions for the Professional Development Digital Content and could eliminate the right to retain and utilize the licensed materials, at iLC’s sole discretion.

e.       Facilitation

The user may only utilize iLC-certified facilitators to deliver professional development programs utilizing the Licensed Materials.  The requirements for iLC certification will be agreed to and specified in the order form but typically involve the completion of a 5 or 6 course series in the target subject matter.  The user will therefore pay the required fees in order to obtain appropriate certification for facilitators as needed.

f.        New Course Creation

The user may choose to partner with iLC to create new digital content (“Joint Content”) to support professional development programs.  The user and iLC shall jointly own all intellectual property rights with respect to the Joint Content developed under this Agreement, in whatever form or medium it may be created, including without limitation all copyrights, patents, trade secrets, trademarks, and other intellectual property related to the Joint Content.  Each party agrees to take such steps as are necessary or reasonably requested by the other party to ensure that the Joint Content is jointly owned by both of the parties, including without limitation by obtaining assignments from that party’s employees, agents, and independent contractors of any intellectual property rights such employee, agent, or independent contractor may otherwise have or claim in the Joint Content.  Each party may use the Joint Content at any time and in any way it sees fit to further its respective interests, including without limitation (a) by licensing others to use the Joint Content, without payment to the other party to this Agreement, (b) by selling that party’s rights to the Joint Content, provided such sale does not affect the ownership rights of the other party to this Agreement, and (c) by making derivative works from the Joint Content, provided, however, that neither party shall have any ownership rights in any derivative works created from the Joint Content by the other party.  Except with respect to the Joint Content, neither party shall have or gain any rights in any intellectual property of the other party by virtue of this Agreement, and all copyrights, patents, trade secrets, trademarks, and other intellectual property (other than the Joint Content) owned by one party will continue to be owned solely by that party.  Notwithstanding the foregoing, neither party shall have the right to utilize the logo or branding materials of the other party unless mutually agreed in writing.

For avoidance of doubt, iLearn Collaborative partners with districts to capture education best practices and share them with other schools and districts.  Subject to the conditions herein, iLC reserve the right to make any courses co-created together, either in whole or in part, available in our professional development catalog and for licensing by other districts.

U.      Digital Content Warehouse for K-12 Content

a.       Content

These terms and conditions apply to the use of the digital content in this catalog (https://www.ilearncollaborative.org/digital-warehouse-course-catalog).

b.       Membership

The user agrees to maintain an active iLC membership.  For avoidance of doubt, failure to maintain an active membership is a breach of the terms and conditions for the Digital Content Warehouse and could eliminate the right to access the materials, at iLC’s sole discretion.

c.       Contributions

After the appropriate fees are paid and membership gained, iLC agrees to provide a complimentary 12-week course on how to create high quality digital content and the user agrees to require any staff that intend to submit content to the Digital Content Warehouse participate in this course or request a placement waiver from iLC staff based on demonstrated experience in digital content creation in advance of such staff member’s submittal of content to the Digital Content Warehouse.

The user agrees to contribute at least 1 high quality, unique course (as defined in iLC’s training) for every 2,000 students served, with a minimum requirement of 1 course and a maximum requirement of 4 courses, every 12 months.  Should the user be unable to meet this requirement, it may instead pay fees that support content curation efforts, according to the current fee schedule.

d.       Content Usage

Content usage is governed by the Creative Commons Attribution-ShareAlike 4.0 International License (https://creativecommons.org/licenses/by-sa/4.0/legalcode).

You must give appropriate credit, provide a link to the license, and indicate if changes were made.  You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.  If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.  You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.  No warranties are given.  The license may not give you all of the permissions necessary for your intended use.  For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

Please read the license (https://creativecommons.org/licenses/bysa/4.0/legalcode) in full detail to know your rights.