Welcome to ProVenance, the learning content management system ("LCMS") owned and operated by The Master Teacher, Inc. ("MT"). MT provides its service to you subject to the following Terms of Use, which may be updated by MT from time to time without notice to you. You can review the most current version of the Terms of Use at any time at the Terms of Use page. In addition, when using particular MT services, you and MT shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. MT also may offer other services from time to time that are governed by different Terms of Uses.
DESCRIPTION OF SERVICE
MT currently provides users with access to a collection of online courses, publications, articles, resources, resource bundles, tips, quotes, lesson plans, and forums (the "Service"). Unless explicitly stated otherwise, any new features or functionality that augments or enhances the current Service, including the release of new MT content, shall be subject to the Terms of Use. You understand and agree that the Service is provided "AS-IS" and that MT assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications.
MT PRIVACY POLICY
Any information you provide to MT about you is subject to our privacy policy. For more information, please see our full privacy policy.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Your account will be set up by someone in your organization. You are responsible for maintaining the confidentiality of the user name (email address) and password provided to you, and are fully responsible for all activities that occur under your user name (email address) and password. You agree to
a.immediately notify The Master Teacher of any unauthorized use of your user name (email address) and password or any other breach of security; and
b. ensure that you exit from your account at the end of each session. MT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
LEARNING OBJECT REPOSITORY:
Master Teacher (MT) Content You understand that all information, data, text, music, sound, photographs, graphics, video, messages, or other materials ("MT Content") posted to the Learning Object Repository ("LOR") are the sole responsibility of the person from whom such MT Content originated. This means The Master Teacher, is entirely responsible for all MT Content that is upload, post, email, or otherwise transmit via the Service. The Master Teacher controls the MT Content posted to the LOR, meaning Content that is sold, produced, and/or branded by The Master Teacher, Inc., and, as such, guarantees the accuracy, integrity, or quality of such MT Content.
LOCAL LEARNING OBJECT REPOSITORY: User Content
You understand that all information, data, text, music, sound, photographs, graphics, video, messages, or other materials ("User Content") posted to your Local Learning Object Repository ("LLOR") and used within your organization unit(s), are the sole responsibility of the person from whom such User Content originated. This means that you, and not The Master Teacher, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service. MT does not control the User Content posted to the LLOR, meaning Content that is not sold, produced, and/or branded by The Master Teacher, Inc.; therefore MT does not guarantee the accuracy, integrity, or quality of such User Content. You understand that by using ProVenance, you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will MT be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Service or the Learning Object Repository.
You agree to not use the Service to:
a.upload, post, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b.harm minors in any way;
c.impersonate any person or entity, including, but not limited to, an official of MT, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d.forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
e.upload, post, or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.upload, post, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
g.upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h.upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i.disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j.interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
k.intentionally or unintentionally violate any applicable local, state, national, or international law.
l."stalk" or otherwise harass other users; or
m.collect or store personal data about other users.
You acknowledge that MT does not pre-screen User Content, but that MT and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Service. Without limiting the foregoing, MT and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
You acknowledge and agree that MT may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to
a.comply with legal process;
b.enforce the Terms of Use;
c. respond to claims that any User Content violates the rights of third parties; or
d. protect the rights, property, or personal safety of MT, or its users.
You understand that the technical processing and transmission of the Service, including your Content, may involve
a.transmissions over various networks; and
b.changes to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
INDEMNITY
You agree to indemnify and hold MT, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit to, post to, or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service (including, but not limited to, source code, features, and any functionality), use of the Service, or access to the Service.
GUIDELINES REGARDING USE AND STORAGE
You acknowledge that MT may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, forum group postings, or other uploaded Content will be retained by the Service; the maximum number of messages that may be sent from or received by an account on the Service; the maximum size of any message that may be sent from or received by an account on the Service; and the maximum disk space that will be allotted on MT's servers on your behalf. You agree that MT has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MT reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MT reserves the right to change these guidelines and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
MT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MT shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
TERMINATION
You agree that MT, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if MT believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.
DEALINGS WITH THIRD PARTY COURSE PROVIDERS, ADVERTISERS, AND SPONSORS
Your correspondence or business dealings with, or participation in promotions of, course providers or other advertisers and sponsors found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that MT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MT has no control over such sites and resources, you acknowledge and agree that MT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
MT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in or presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by MT or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
GRANTS & RIGHTS
MT grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of; reverse engineer, reverse assemble, or otherwise attempt to discover any source code in; or sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MT for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MT 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.
b.MT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) A COURSE TAKEN THROUGH MT WILL BE HONORED BY OTHER EDUCATIONAL INSTITUTIONS FOR CREDIT OR OTHERWISE; OR (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED 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 ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. MT does not recommend or endorse any content that is not sold, produced, or branded by The MASTER Teacher, such as specific tests, products, or procedures that may be mentioned on the Site. Any opinions expressed on the Site are the opinions of the authors. MT does not assume any liability for the contents of any material provided on the Site. Reliance on any information provided by MT, its experts, or other visitors to the Site is solely at your own risk. MT and its experts assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. MT reserves the right to change or discontinue at any time any aspect or feature of this Site.
e.INFORMATION CONTAINED ON THE MT SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MT 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 MT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
i. THE USE OR THE INABILITY TO USE THE SERVICE;
ii.THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
iii. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
iv.STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
v.ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
NOTICE
Notices can be made via either email or regular mail. The Service may also provide notice of changes to the Terms of Use or other matters by displaying links or notices to you generally on the Service.
TRADEMARK INFORMATION
MT, The MASTER Teacher logo, The MASTER Teacher, Inc., ProVenance, "Continuous Professional Development," and other MT logos, product and service names, and associated domain names are trademarks of The MASTER Teacher (the "MT Marks"). Without The MASTER Teacher's prior permission, you agree not to display, or use in any manner, the MT Marks.
COPYRIGHTS
MT respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The MASTER Teacher with the following information:
i.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ii.a description of the copyrighted work that you claim has been infringed;
iii.a description of where the material that you claim is infringing is located on the site;
iv.your address, telephone number, and email address;
v.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
vi.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Claims of copyright infringement on this site can be submitted to:
By mail:The MASTER Teacher
c/o Copyright
PO Box 1207
Manhattan, Kansas 66505-1207
By phone:(785) 539-0555
By email:copyright@Masterteacher.com
REVIEWS AND COMMENTS
Users who submit comments or reviews to MT about the Service grant MT and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant MT and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.
GENERAL INFORMATION
The Terms of Use constitutes the entire agreement between you and MT and governs your use of the Service, superseding any prior agreements between you and MT. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The Terms of Uses and the relationship between you and MT shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and MT agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Riley, Kansas. The failure of MT to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the Terms of Use to our Customer Support group atprovhelp@masterteacher.com
In order to use this website, you must first complete the registration form. During registration, you are required to give contact information (such as name and email address). We use this information to contact you about the services in which you have expressed interest. We will occasionally send you information on products, services, special deals, and promotions. You can choose to opt out of these emails. If you subscribe to our electronic mailing of publications that information will be sent to your email address once a month. If you subscribe to our e-tips, that information will be sent to your email address once a week. The MASTER Teacher, Inc. is the sole owner of the information collected onwww.masterteacher.com.
The MASTER Teacher, Inc. collects personally identifiable information from our users at several different points on our website.
Orders
If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number and expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
Surveys
From time to time, we may provide you the opportunity to participate in surveys on our site. If you participate, we may request certain personally identifiable information from you. Participation in these surveys is completely voluntary and you, therefore, have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as zip code). We use this information to improve services for our customers. We may use a third party service provider to conduct these surveys. That company will be prohibited from using our users' personally identifiable information for any other purpose.
Uses of Information.
Your contact information may be used by The MASTER Teacher, Inc. to contact you about the services provided onwww.masterteacher.comYour name and email address may also be made available to the administrator of your subscription account (for instance, your child's school or district). This information is provided so that the administrator may verify the identity of those individuals who are using the unique account code. The administrator in charge of your account will be able to remove individuals at his or her own discretion.
Communications From the Site
Special Offers and Updates
We will occasionally send you information on products, services, special deals, and promotions. You can choose to opt-out of these emails by clicking the "Unsubscribe Me" link in the email.
Articles and E-Tips.
If you wish to subscribe to our electronic mailings of publications and/or weekly e-tips, we will use your name and email address to send this information to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Opt-Out" section.
Service-Related Announcements.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Customer Service.
Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your email address. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email.
Opt-Out.
We provide you the opportunity to opt out of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form. If you no longer wish to receive our articles and weekly e-tips, you may opt out of receiving them by following the instructions included in each email or by indicating your preferences on the My Account page.
Log Files.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.
Cookies.
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We use only session ID cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires within a set time limit. If you reject cookies, you may still access our site, but your ability to use the site will be severely limited.
Links to Other Sites.
This website contains links to other sites that are not owned or controlled by The MASTER Teacher, Inc. Please be aware that we, The MASTER Teacher, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by this website.
Bulletin Boards/Chat Rooms.
If you use a bulletin board or chat room on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
Access to Personally Identifiable Information.
If your personally identifiable information changes or, if you no longer desire our service, you may update it by making the appropriate changes on the My Account page.
Security.
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Business Tansitions.
In the event The MASTER Teacher, Inc. goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via a prominent notice on our website for 30 days of any such change in ownership or control of your personal information.
Changes in This Privacy Statement.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
Contact Us.
If you have any questions or suggestions regarding our privacy policy, please contact us at:
