OERColorado Microsite Terms of Service, Privacy Policy, and Digital Millennium Copyright Act and Intellectual Property Policy

Terms of Use Agreement

Date last updated: February 2023

Open Educational Resources (OER) is a term used to describe teaching, learning, and research materials that reside in the public domain or have been released under an intellectual property license that permits repurposing by others, such as Creative Commons (CC) licenses. The curriculum libraries on OERColorado.org house Open Educational Resources that are selected for open license designation, and depth and breadth of content covered.

The OERColorado website is a dynamic digital library and network made available to the educational community within the state of Colorado by the OERColorado Project, part of the Colorado Empowered Learning (CEL) initiative and administered by the Colorado River Board of Cooperative Educational Services (CR BOCES) pursuant to Colorado Revised Statute (C.R.S. § 22-5-119). OERColorado Open Educational Resources (OER) websites and curriculum libraries are provided as a public service to Colorado educators to further the CEL goal of helping educators statewide combine the use of technology with great instructional practices and student-centered learning to enhance equity and access in PK-12+ education.

The OERColorado Project can be contacted at info@oercolorado.org.

This Terms of Use Agreement ( “Agreement”) describes the terms according to which you may legally use the OERColorado website at OERColorado.org, those goods or services that interact with it (including our application programming interfaces (APIs), mobile application, and Open Author tool), and the content contained there (collectively, the “Site”).

By your use of this Site, you agree to be bound by the terms and conditions of this Agreement, including any policies and procedures incorporated by reference, including:

  1. The Terms of Use Agreement
  2. Our Privacy Policy
  3. Our Digital Millennium Copyright Act and Intellectual Property Policy

Contents

OERColorado Users
OERColorado Use Conditions
OERColorado Content
Links
Violation of this Agreement—Termination
Disclaimer of Warranties
Limitation of Liability
Exclusions and Limitations
Indemnification
General Terms

OERColorado Users

Authority to Accept the Agreement. You, as an individual site user, represent and warrant that you have the legal authority to accept the Agreement; if you are accepting this Agreement on behalf of a business or other organization as their representative, you represent and warrant that you have the authority to bind that organization and that your acceptance of this Agreement will be treated as acceptance by that organization. If you do not agree to all of the terms in this Agreement, you are not authorized to use or access the Site.

Changes And Modifications. We, the OERColorado Project, may change or amend this Agreement from time to time. If we make material changes, we will endeavor to notify you that our terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the Site after the date such change(s) become effective will constitute your consent to the changed terms. If you do not agree to the change(s), you must immediately stop using the Site; otherwise, the new terms will apply to you.

As long as you, the individual site user, comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Site as it is intended to be accessed and used, and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Disclaimer. The OERColorado Site is not an endorsement of Open Educational Resources over other sources of educational materials. Educational Institutions are not mandated or required to utilize any particular type of educational resources. The OERColorado site is a resource that is voluntary to utilize and exists only to assist educational institutions that are interested in learning about, developing, or gaining access to Open Educational Resources. Site users understand that resources on the site have not been aligned to Colorado state standards.

  • It is solely the responsibility of Intended Site Users to verify that resources they select for use align with Colorado state standards, state guidelines, and/or local guidelines and norms. We advise all OERColorado Intended Site Users to consult with their district and/or school Curriculum Specialist if there are any questions or concerns about use of selected resources. Unless otherwise denoted in the license, resources can be adapted and modified by the user to fit specific classroom contexts.
  • Where possible this Site has endeavored to identify resources licensed for the broadest possible use. However some resources have stricter Creative Commons licenses or custom licenses that permit educational use, but retain other Intellectual Property (IP) rights. It is the sole responsibility of all Site users to verify that they use the resource within the limits of the license granted and provide appropriate citations where needed.

Accessibility. The OERColorado Project is committed to making its Site usable and accessible to the widest possible audience, regardless of technology or ability, and provides a number of features that support the accessibility of the Site:

  • This Site is WCAG 2.0 Level AA compliant.
  • Pages on the Site are intended to be compatible with screen readers and accessible to keyboard navigation. Additionally, authoring tools on the Site are built with well-formed HTML semantic tagging structures whenever possible, which include ARIA long descriptions, image captions, and embedded A11y accessibility mode microdata.
  • The Site supports several AFA and A11y metadata fields. Use the Accessibility criteria in Advanced Search to find resources that include features such as ARIA long descriptions, transcripts, and captions, or that support specific learning modes such as auditory, visual, or textual.

Limitations to Accessibility. While the OERColorado Project strives to ensure the accessibility of the Site infrastructure, you may find some limitations.

Please report any problems to the Site support team at info@oercolorado.org. For fastest processing, please include the phrase “Accessibility Request” in the subject line and in the body of your message.

Note that the Open Educational Resources housed in the Site’s curriculum libraries may or may not incorporate accessibility features into their design. These resources have been created and shared by a number of distinct providers and individuals, each with their own accessibility protocols. The accessibility statement in this Agreement applies only to the Site structure, not to resources in the libraries. Site users are solely responsible for verifying that resources obtained from the Site meet the accessibility guidelines for the intended use. Resources with licensing that permits derivatives may be adapted to meet accessibility guidelines.

Definition of Parties.
Registered User: Public school educators in Colorado are eligible to create a registered account profile on OERColorado.org which allows them to read and download materials from the Site, as well as to contribute open educational resources, rate and review resources, and participate in collaborative groups. This is a voluntary action and is not required to browse the site or download resources.

Read-Only User: OERColorado.org is committed to sharing open educational resources for the public good. The site is open to other users for read-only and download privileges.

OERColorado Project under the Colorado Empowered Learning (CEL) initiative administered by the Colorado River Board of Cooperative Educational Services (CR BOCES): Owner and operator for OERColorado.org which is a website designed for collaboration and sharing among Colorado public educators. The OERColorado Project maintains ownership over the Site infrastructure, including the usual information about the Site, operations, and certain specific resources developed by CR BOCES employees and/or partnerships, or where OERColorado and/or partner organizations are designated as a content provider. The OERColorado Project maintains a second sister site, the OERColorado Hub, on OER Commons, oercommons.org/hubs/oercolorado.

Open Educational Resources (OER): Materials for teaching, learning, and research that reside in the public domain or have been released under an intellectual property license that permits educational use or open licensing, such as Creative Commons (CC) licenses. For the purpose of the OERColorado.org Site, these materials represent the OER of the Site and can be found in the Site Collections. With limited exceptions these resources are created by third party providers and are not owned by the OERColorado Project. However, all content posted by Registered Users must abide by the rules and requirements set down in the Terms of Use.

ISKME: The Institute for the Study of Knowledge Management in Education has developed the OERCommons.org web site for the promotion of OER and is working with several states around the nation to create a #GoOpen network of shared OER. CR BOCES contracted with ISKME to create and host the OERColorado.org site which includes the organizational features and certain security processes. The OERColorado.org web site and those OER Commons goods or services of ISKME that interact with it, including our API, mobile application, and OERColorado Hub on OER Commons, oercommons.org/hubs/oercolorado are collectively the “OERColorado Project.”

Partners, Providers and Affiliates: The OERColorado Project may partner with, engage or collaborate with other entities, institutions, providers or grant organizations to create, or make available OER type materials or to promote or improve the OERColorado sites.

Intended Users. The Site is intended for public school educators and educational support professionals in the state of Colorado and is tailored to and designed for the intended user. However the curriculum library and forward facing resources that do not require creation of an account profile, may be accessed by the public as a Read-Only User for limited educational purposes. This includes use by private schools and preschools. Public/Private partnerships are encouraged to collaborate using our sister Site, the OERColorado Hub on OER Commons, oercommons.org/hubs/oercolorado, where registered accounts are open to the general public.

Commercial purposes, activities intended to derive a profit off the curriculum, purposes intended for marketing or advertising, or purposes not educational in nature are not permitted. The OERColorado Project reserves the right to define “educational purpose.”

Intended Users employed at a public school, charter school or designated public educational support institution within the state of Colorado may have access to all publicly available OERColorado.org site resources including the curriculum libraries, forward facing resources, as well as Registered User resources like the ability to create an account profile, create and join groups and OER creation tools using Open Author and Submit from Web. Intended users agree to follow the Acceptable Use, Internet Technology (IT) and Security policies laid out by the public educational institution that employs them, including password creation, protection and use. Intended users acknowledge that their access to an account profile as a Registered User is contingent upon their continuous public education employment and that their account profile and Registered User status may be deactivated upon loss of employment or change of employment. Account access as a Registered User is “at will,” meaning that either party (the Registered User or Site Administrator) can terminate account access at any time and for any reason.

  • Account Access. Reasonable effort has been made to include account access that corresponds to public educational institutions within the state of Colorado, however it is possible omissions may have occurred. If you believe your email should grant you access to create an account, but does not, you may contact the OERColorado Project by emailing the support desk at info@oercolorado.org please include the phrase “Registered User Account” in the subject line and in the body of your message. Note: Account access on networks that share access with out-of-state entities, may be limited.

Intended users who plan to change employment between public educational institutions using different email domains, may contact info@oercolorado.org to update access to their Account Profile. For fastest processing, please include the phrase “Account Profile/Change of Employer Request” in the subject line and in the body of your message.

Your Password. If you create a Registered User account, you are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your Registered User account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You agree to use a unique password to access the OERColorado.org Site that you have not used elsewhere.

Age Restrictions. This site is intended for users 18 years of age or older. Users under 18 years of age should have the consent of their parent or legal guardian, who must and hereby does consent to this Agreement – to use the Site. Educators who desire to provide Site access to students agree to verify that students have a signed Acceptable Use Agreement or parental consent on file with their educational institution. The Acceptable Use Agreement on file for each student should govern that student's activity on the OERColorado.org Site. It is the sole responsibility of the educator(s) making the Site available to students to ensure they follow their institution’s Acceptable Use guidelines if accessing the Site. When making OERColorado educational resources available to students educators are encouraged to use an embedded hyperlink to a desired collection or individual resource, rather than have students search the Site directly.

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 of the Site known to be under 13 years of age. Please see our privacy policy for additional information, including information regarding how to notify us of any concerns you may have in this regard.

OERColorado Use Conditions

Prohibited Actions.

You agree not to, and will not assist, encourage, or enable others to:

  • Use the Site to harass, threaten, impersonate, or intimidate anyone.
  • Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or that is racially, ethnically, or otherwise objectionable, or any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates an individual’s publicity or privacy rights.
  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation, or any worms or viruses or any code of a destructive nature.
  • Reverse engineer any portion of the Site.
  • Use any robot, spider, site search/retrieval application, or other automated device, process, or means not provided by OERColorado to access, retrieve, scrape, or index any portion of the Site.
  • Record, process, or mine information about other users or about the Site.
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands on the Site.
  • Interfere with the proper working of the Site, circumvent or otherwise interfere with any security-related features of the Site, or attempt to gain unauthorized access to the Site, Registered User accounts, or any computers/networks associated with the Site through hacking, password mining, or any other means.
  • Use the Site for any illegal or unauthorized purpose. You agree to comply with all applicable laws, including the laws of your local jurisdiction, regarding online conduct and acceptable content (including but not limited to intellectual property (IP) laws). When using this site, you agree to comply with your employer’s acceptable use policies.
  • Create a Registered User account profile as anyone other than yourself, using a name different from the name you use with your current public education employer. You agree to truthfully represent your identity and current place of employment on the Site.

Approved Account Access. The educational resources provided on the Site are accessible to search and view by any Site visitor or individual site user. To access additional Site features such as collaborative groups, saving educational resources for future use, adding OER, content or providing ratings and reviews, a Registered User Account is required. Registered User Accounts are limited to educators from public schools and institutions from within the state of Colorado. The Site requires the user to register with an email that identifies them as an employee of a public educational institution to create a site profile.

Whitelisted Domains. Reasonable effort has been made to include all whitelisted domain names that correspond to public educational institutions within the state of Colorado, however it is possible omissions may have occurred. If you believe your email should grant you access to create an account, but does not, you may contact the OERColorado Project by emailing the support desk at info@oercolorado.org please include the phrase “Registered User Account” in the subject line and in the body of your message.

Single Sign On Institutional Access. Some public school districts or educational institutions may opt to use a single sign-on process to provide access to the Site as part of the suite of applications they provide to their employees through a single district sign-on using an IT portal. If your employer uses this process, you should create a Registered User Account and access the Site through your educational institution’s approved IT portal. In this case, any problems accessing the Site should be directed to the IT team at your educational institution for resolution.

OERColorado Content

Funding Disclaimer. Funding for and financial support of the OERColorado Project including the OER resources and services provided by the Microsite and OER Commons Hub does not constitute an endorsement or recommendation by any funding sources.

Creating and Sharing Educational Resources. If you wish to contribute original educational resources to the Site, such as instructional texts, resources, lessons, modules, or other educational work (collectively, “Educational Resources”), you may do so via our Open Author tool. You can learn more about creating resources via Open Author at https://oercolorado.org/authoring-overview.

Additional resources may be added to the site using the Submit from Web tool, that allows an existing online resource to be indexed.

With regard to any Educational Resources that you contribute to the Site via the Open Author tool, or by any other means, you represent and warrant that you have the full legal right to post the Educational Resource and that use of the Educational Resource by us and all other persons and entities as set forth in its license will not (i) infringe the trademark, copyright, privacy, or publicity rights of any person or entity; (ii) violate any law, statute, ordinance, regulation, or agreement; or (iii) disclose any confidential or private information of any third party. If you are authoring or contributing Educational Resources to the Site using Open Author, you must select an approved license applicable to your Educational Resource via the Open Author interface.

The Site is a platform for Open Educational Resources (OER). Accordingly, you represent and warrant that no license terms apply to any Educational Resources you contribute to the Site that are incompatible with the most restrictive license available for selection at the time your Educational Resource is submitted.

If you contribute any metadata – such as author name, title of work, year of completion of the work, and the like – in connection with contributing Educational Resources to the Site or otherwise, you grant to the OERColorado Project a perpetual, worldwide, royalty-free, irrevocable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, transfer, sublicense, and make any other use in any form or medium of such metadata, without restriction of any kind.

Display of Licenses. The OERColorado Project endeavors to provide information about the copyright status of the educational resources in the Site, and to identify any other terms and conditions that may apply to your use of such materials. However, the OERColorado Project offers no guarantee or assurance that all pertinent information is provided or that the information provided is correct in each circumstance. In all cases, it is your sole responsibility to determine what permission(s) you may need in order to use resources available from the Site and, if necessary, to obtain such permission(s).

User Content. Certain features of the Site may allow you to contribute content that is not itself either Educational Resources or metadata, for example in the form of discussions, comments, ratings, reviews, feedback, evaluations, or other content for access, use, viewing, and downloading by us and by other users of the Site (“User Content”). When you post User Content, A) you represent and warrant that you have the full legal right to post the User Content and that use of the User Content by us and all other persons and entities will not (i) infringe the trademark, copyright, privacy, or publicity rights of any person or entity; (ii) violate any law, statute, ordinance, regulation, or agreement; or (iii) disclose any confidential or private information of any third party. Upon your submission of publicly facing User Content, B)you grant us a fully-paid, royalty-free, worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the publicly facing User Content for the purposes of providing and promoting the Site, all without any additional compensation to you whatsoever. User Content submitted to non-public administered groups in the form of discussions or collaboration on unpublished Educational Resources or educational initiatives is subject to part A) above, but may specify copyright and licensing terms as long as the group is active, administers membership (non public membership) and shared materials remain unpublished. Please note that Educational Resources and metadata are not considered User Content, but rather are discussed above, in the section titled Educational Resources.

Removal of User Content or Educational Resources. We make User Content and Educational Resources (including its metadata) available at our sole discretion and may disable access to any User Content or Educational Resources at any time and for any reason. By using the Site, you acknowledge and agree that we do not guarantee access to and/or hosting of User Content or Educational Resources that is published through the Site. For example, if an Educational Resource or group violates this Agreement, access to it may be disabled.

If you believe that a user of the Site has violated your intellectual property rights – for example by improperly posting your trademarks or copyrighted content to the Site – please contact us at info@oercolorado.org. For fastest processing, include the phrase “Intellectual Property Rights” in the subject line and in the body of your message. You can review our full intellectual property policy, including information on how to report infringement, at https://oercolorado.org/ip-dcma.

If we receive notice that User Content or Educational Resources posted to or through the Site may infringe the rights of thirds parties, including their intellectual property (IP) rights, we reserve the right (in our sole discretion) to disclose information, including personally identifiable information (“PII”), about the poster of such material to those third parties, so that they can contact the poster directly regarding their concerns.

OERColorado’s Content. Except for Educational Resources (which are made available by the OERColorado Project and its users pursuant to the public licenses associated therewith), all text, metadata, user interfaces and visual interfaces (including graphics, photographs, sounds, music, and artwork), trademarks, logos, computer code, and any and all compilations thereof (collectively, “Site Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Site Content, is owned, controlled, or licensed by or to the OERColorado Project and is protected by trade dress, copyright, and trademark laws, and is subject to various other intellectual property rights. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the Site Content for any purpose, and nothing otherwise stated or implied in the Site confers on you any license or right to do so. Approved marketing, outreach and informational materials for OERColorado are provided for educational and professional development purposes in the About OERColorado section of the Site. Permission to use these materials in the Open Education Practice section are granted the CC BY-NC-ND license.

If you would like to request permission to use any other portion of the copyrighted or licensed Site Content on OERColorado.org, you may contact the OERColorado Project by emailing the support desk at info@oercolorado.org please include the phrase “Copyright Permission” in the subject line and in the body of your message.

Links

Site Links To Third Party Sites. The OERColorado.org Site may link to third party sites that are not under the control of the OERColorado Project. Links from the Site are provided as a convenience and for informational purposes only; they do not indicate endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. The OERColorado Project has no control over and bears no responsibility for the accuracy, legality, or content of the externally linked sites. Privacy policies and practices for such linked sites may differ from our Privacy Policy and practices. You access and use such linked sites entirely and solely at your own risk. We urge you to read the Terms of Use and Privacy Policies of such linked sites before engaging with or linked sites and privacy policies of such linked sites before disclosing your personal information on such sites

Site Links From Third Party Sites. If you create a hyperlink to any portion of the OERColorado Site from any third party site, you agree to present the link in a manner that does not convey the impression that the OERColorado Project endorses, whether expressly or implicitly, any products, services, or opinions provided on your website. Any link to the OERColorado Site must provide a clearly written notice that the user is leaving your website to access another. Educators desiring to share resources from OERColorado with their students are encouraged to link directly to the resource or to link directly to an OERColorado collection instead of directing students to OERColorado.org.

Violation of this Agreement—Termination

Your right to access and use the Site terminates automatically upon your breach of any of the terms of this Agreement. You agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Site and/or block your future access to the Site for any reason, including if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Site. Please note that it is our policy to terminate the accounts of Registered Users who repeatedly violate the copyrights, trademark rights, or other rights of third parties.

If we take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that we will not be liable to you or to any third party for termination of your access to the Site. The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, AND ANY GOOD OR SERVICE DOWNLOADED OR USED THROUGH OR IN CONNECTION WITH THE Site, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE AND OUR AFFILIATES MAKE NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT AND MATERIAL WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, DOWNLOADED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED ON OR THROUGH THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU EITHER FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT WE MAY MAKE TO THE SITE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SITE; (c) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR DATA (INCLUDING WITHOUT LIMITATION USER CONTENT, EDUCATIONAL MATERIAL, AND METADATA) MAINTAINED THROUGH THE SITE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR REGISTERED USER ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE AND OUR AFFILIATES AND ANY ADDITIONAL FUNDERS OF THE OERCOLORADO SITES (OER COMMONS HUB AND MICROSITE) SHALL NOT BE LIABLE FOR USER CONTENT, EDUCATIONAL MATERIAL, EDUCATIONAL RESOURCES, AND/OR METADATA, OR FOR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY AND THAT OF OUR AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold the OERColorado Project and Our Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of OERColorado.org. The OERColorao Project reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

General Terms

Entire Agreement. These Terms of Use contain the entire agreement between you and the OERColorado Project regarding the use of the Site and supersede any prior agreement between you and the OERColorado Project on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use. You may also be subject to additional terms and conditions that may apply when you use or purchase other goods or services from us, our affiliates, or our parents/legal guardians or subsidiary entities.

Governing Law. Colorado State law will govern this Agreement – as well as any claim, cause of action, or dispute that might arise between us concerning the Site, content appearing thereon, or any other matter – without regard to conflict of law provisions. For any claim brought by either party relating to or not governed by the arbitration provision of these Terms of Use, the parties agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within the State of Colorado.

Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your use of the Site shall be settled by confidential binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Colorado. The arbitration shall be governed by the laws of the State of Colorado. The award of the arbitrators shall be accompanied by a reasoned opinion. The prevailing party shall be entitled to an award of reasonable attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion(s) of the Agreement is held to be invalid or unenforceable, such provision(s) shall be stricken and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy, including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. We may assign or delegate all rights and obligations under the Agreement, fully or partially.

Notices. We may provide you with notices, including those regarding changes to the Agreement, by email, by regular mail, or by postings to the Site. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at info@oercolorado.org. For fastest processing, please include the phrase “Terms of Use” in the subject line and in the body of your message.