All right, title and interest, including the copyrights in and to the model, also known as “Jump$tart Financial Foundations for EducatorsTM,” (J$FFE) which includes all curriculum, modules, assessments and J$FFE toolkit documents (the “Model”) is owned by the Jump$tart Coalition for Personal Financial Literacy (“Jump$tart”).
THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USER’S (“YOU” OR “YOUR”) USE OF THE MODEL. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE MODEL IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY JUMP$TART TO ACCESS OR OTHERWISE USE THE MODEL. BY CLICKING THE “I AGREE” BUTTON AT THE BOTTOM OF THIS AGREEMENT, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST SELECT THE “I DECLINE” BUTTON AT THE BOTTOM OF THIS AGREEMENT AND MAY NOT USE THE MODEL.
1) License
By clicking the “I Agree” button below, Jump$tart grants You a non-exclusive, limited, nontransferable, nonsublicensable, and revocable license to use the Model, as prescribed by these Terms and Conditions. In addition, Jump$tart grants you a limited, non-exclusive, nontransferable, nonsublicensable and revocable license to use Jump$tart Teacher Training Alliance logo for the sole purpose of displaying the logo to promote the events in which you use the Model and in materials distributed or displayed at those events. You warrant to Jump$tart that You will not use the Model or the Jump$tart Financial Foundations for Educators logo for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. To use the Model, You must:
2) As an Authorized User, You Agree To:
3) As an Authorized User, You are permitted To:
4) Users are Expressly Prohibited From:
5) Term and Termination
These Terms and Conditions will take effect at the time You click the “I Agree” button below (“Effective Date”) thereby indicating acceptance of these Terms and Conditions. This Agreement and Your permission to use the Model shall terminate twelve (12) months from the Effective Date (“Term”). Upon expiration of the Term, this Agreement may be renewed for another twelve (12) month term at Jump$tart’s sole option. Jump$tart reserves the right at any time and for any reason to deny You access and/or use of the Model or any portion thereof, and to terminate these Terms and Conditions and Your license to use the Model and/or the Jump$tart Financial Foundation for Educators logo. Termination will be effective without notice.
6) Disclaimer of Warranties and Limitation of Liability
Use of the Model is entirely at Your own risk and is subject to all applicable state, national and international laws and regulations. THE MODEL IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
NEITHER JUMP$TART NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE MODEL. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Jump$tart’s liability is limited to the greatest extent permitted by law. IN NO EVENT SHALL JUMP$TART’S LIABILITY FOR ANY DAMAGES EXCEED $500.00.
IF YOU ARE DISSATISFIED WITH THE MODEL OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MODEL.
7) INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Jump$tart and all of its officers, directors, employees, members, affiliates, agents, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Model, any breach by You of this Agreement, or any other matter for which You are responsible hereunder or under law.
8) Governing Law and Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the District of Columbia. Any dispute relating to the Model or these Terms and Conditions shall be resolved in the municipal and federal courts serving the District of Columbia and each party hereto waives any objection to venue and hereby submits to the personal jurisdiction of such courts.
9) No Agency
No joint venture, partnership, employment, or agency relationship exists between You and Jump$tart as a result of these Terms and Conditions or Your utilization of the Model.
10) Severability
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
11) Entire Agreement
These Terms and Conditions represent the entire agreement between You and Jump$tart with respect to Your use of the Model, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between You and Jump$tart with respect to Model. Any rights not expressly granted herein are reserved.
12) Representations and Warranties
By clicking “I Agree,” You represent and warrant that (i) you understand and agree that these Terms and Conditions are a legally binding agreement and the equivalent of a signed, written contract; (ii) You are authorized to sign for and bind the contracting party; and (iii) You will use the Model in a manner consistent with all laws and regulations and in accordance with these Terms and Conditions.