Terms and Conditions

Thank you for visiting the elsuccessforum.org website (the “Website”), operated by the English Learners Success Forum (“ELSF”, “us”, “we”, or “our”). We are a nonprofit organization with the mission of expanding educational equity for multilingual learners by increasing the supply of high-quality instructional materials that center their cultural and linguistic assets. 

Please read these terms of use (“Terms of Use”) carefully before using the Website. By using the Website, you accept and agree to comply with the following terms, which ELSF may change at any time.

Privacy Policy

We value and respect your privacy. Before you continue using the Website, we advise you to read our Privacy Policy, available at the Privacy Policy page, which is incorporated by reference into these Terms of Use. Your access to or use of the Website constitutes acceptance of the Privacy Policy.

Copyrighted Materials

The Website contains copyrighted material, publications, and other proprietary information (“Website Content”) protected under United States and international copyright laws. All intellectual property rights in the Website Content are the property of ELSF or its licensors, including all copyrights, trademarks, patents, and other intellectual property. 

Certain resources, publications, or other material that are part of the Website Content are offered by ELSF under a Creative Commons license (“CC-licensed material”). Any CC-licensed material is expressly designated as such, with the applicable Creative Commons license stated on the CC-licensed material in a conspicuous location. Any Website Content that is not expressly so designated is not CC-licensed material. 

Except as otherwise expressly permitted under copyright law or, for CC-licensed material, the applicable licensing conditions, you may not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, create derivative works based on, or exploit for any commercial purpose any portion of, use of, or access to the Website Content without our express written permission. To request such permission, please contact us at opportunities@elsuccessforum.org. 

Trademarks

ESLF’s name, logo, and other related trademarks used on or in connection with the Website are the trademarks of ELSF and may not be used without our express written permission. Other trademarks, logos, service marks and trade names that may appear on the Website are the property of their respective owners and licensed to us.  You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in the Website Content. 

Prohibited Uses 

By using the Website, you warrant to ELSF that you will not use the Website or Website Content, for any purpose that is unlawful, intentionally or unintentionally, under any applicable local, state, national, or international law and that you will not take any action prohibited by these Terms of Use. If you violate any of these Terms of Use, your permission to use the Website terminates automatically.

Actions prohibited by these Terms of Use include, but are not limited to, the following:

1. Using the Website or Website Content in any way that violates any applicable law or the rights of ELSF or any third party, including the rights of ELSF or any third party in copyrighted material or other intellectual property. 

2. Impersonating any person or entity, including, but not limited to, an ELSF officer, director, or employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. By way of example, you shall not hold yourself out as sponsored by, endorsed by, or affiliated with us or use the Website or Website Content in a manner that suggests such sponsorship, endorsement, or affiliation without our express written permission.

3. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Website Content.

4. Using the Website or Website Content in any way that infringes, violates, or fails to honor the conditions of any patent, trademark, trade secret, copyright, license, right of privacy or publicity, or other proprietary rights of ELSF or of any third party.

5. Interfering with or attempting to interfere with the proper functioning of the Website or Website Content, attempt to adversely impact the Website, or use the Website or Website Content in a manner that could alter or interfere with the use or enjoyment of the Website or Website Content. This includes, without limitation, a prohibition on violating or attempting to violate any security feature relevant to the Website, introducing viruses, worms, or similar harmful code into the Website, or interfering or attempting to interfere with use of the Website or Website Content by any user, host, or network, including by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website.  

Disclaimer of Warranties

You agree that your use of the Website and Website Content is at your own risk.  The Website and Website Content are provided on an “as is” and “as available” basis.  

ELSF expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, ELSF makes no warranty that (i) the Website or any Website Content or ELSF event will meet your requirements, (ii) any user access will be continuous, uninterrupted, timely, secure or error-free, (iii) the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations, and (iv) any errors in the software will be corrected. ELSF does not guarantee secure access to the Website. Operation of the Website may be subject to interference from numerous factors outside our control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the Website. The disclaimers of warranty apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence, or any other course of action by ELSF.

Excluding only damages arising out of ELSF’s gross negligence or willful misconduct, ELSF shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if ELSF has been advised of the possibility of such damages), resulting from any user’s use or inability to use the Website, Website Content, or services thereon; the cost of procurement of substitute services; unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Website or Website Content.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship of any kind between ELSF and any user or other person or entity, nor do these terms of service extend rights to any third party.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

ELSF makes no warranty regarding any goods or services purchased or obtained through the Website or any transactions entered into through the Website.

No advice or information, whether oral or written, obtained by you from or through the Website or from any Website Content shall create any warranty not expressly made herein.

Indemnification

You agree to indemnify, defend, and hold harmless ELSF and its directors, officers, employees, volunteers, agents, and affiliates against and from any and all liabilities, claims, demands, damages, costs, losses, and expenses including reasonable attorneys’ fees that may arise from (a) your use of or access to the Website; (b) your violation of these Terms of Use; (c) your violation of any rights of another party in connection with your use of or access to the Website or Website Content; or (d) your violation of any applicable laws, rules, or regulations in connection with your use of or access to the Website or Website Content. We reserve the right to select our own legal counsel. 

Applicable Law

You agree that the laws of the in the United States, without regard to its principles of conflict of laws, will govern these Terms of Use or any dispute between ELSF and you that may relate to or arise from your use of, or access, to the Website or the Website Content.

Disputes

Any action or proceeding brought by you or us in connection with your use of or access to the Website shall be brought only in a court of competent jurisdiction in New Mexico, and you consent to the exclusive jurisdiction and venue of such courts.

Changes to These Terms of Use

ELSF reserves the right, at ELSF’s sole discretion, at any time and from time to time modify or make changes or updates to these Terms of Use, without notice to you.  The most current Terms of Use will be posted here on the Website and will be effective upon posting. The Effective Date will be posted with the most current Terms of Use. You are responsible for reviewing these Terms of Use prior to your use of the Website. These Terms of Use constitutes the full understanding between ELSF and you with respect to the use of and access to the Website and supersedes and replaces all prior agreements regarding such use or access.