Yale National Initiative®

Yale-New Haven Teachers Institute® (“YNHTI”) is committed to strengthening teaching and learning in local schools and, by example and direct assistance, in schools across the country. Websites of the YNHTI, available at: teachers.yale.edu and teachersinstitute.yale.edu, (the “Website(s)”) provide access to certain online videos, publications, and other materials and resources (collectively, the “Resources”). By using the Website(s) or otherwise accessing the Resources, you agree to be bound by the terms of use described below (collectively, the “Terms”). The Terms are an enforceable agreement between Yale University (“Yale”) and you, the user of the Website(s), whether you are an educator, school administrator, or other individual or organization. If you do not agree to these Terms, please do not enter or use this Website(s). If you are not yet eighteen years of age, a parent or guardian may agree to be bound by these Terms on your behalf.

1. Updates to the Terms

Yale reserves the right to change or update, at any time, in its sole discretion, these Terms under which the Website(s) and the Resources are made available to you. Your continued use of the Website(s) and/or the Resources constitutes your agreement to be bound by and comply with all such Terms. You are responsible for reviewing these Terms on a regular basis.

2. Intellectual Property Rights

The Websites are owned and operated by Yale. Yale is the owner of the compilation of data, images, software, documentation, text, audio, audio-visual, and other recorded materials and intellectual property (collectively, the "Materials") made available on the Website(s). However, Yale does not necessarily own each component of the content included in the Materials. While some content may be owned by Yale, other content may be owned by third-party rights owners (i.e., individuals or organizations not affiliated with Yale). In some instances, Yale has secured permission from third-party rights owners to use their content. In other instances, copyright in the content may be in the public domain or Yale has relied on fair use provided under U.S. copyright law. Yale does not warrant that use of any content displayed through the Website(s) will not infringe the rights of third parties.

3. Non-Commercial Use

The Website(s) and the Resources are provided to you for your personal, non-exclusive, non-transferable, non-commercial purposes only. “Non-commercial purposes” means that you are not permitted to sell, profit from, or commercialize, in whole or in part, the Website(s), the Resources or any works derived from them. Yale considers use of any of the foregoing for the purpose of deriving profit or promoting a profit-based enterprise to be prohibited commercial use.

For example, if you use the Resources on your own website in connection with any of the following activities, we would view your use as a material breach and violation of these Terms:

Premium Services

If your website provides and/or promotes services for which the user is charged a fee.

Advertising

If your website accepts advertising of any kind (e.g., ad banners, contextual advertising, video overlays, text links, etc.), regardless of whether any advertising appears on any of the pages that contain Resources from the Website(s).

Marketing

If your website collects e-mail addresses for any purpose (e.g., newsletter distribution, log-in username, etc.), you may be in violation of these Terms if you require the user to enter an e-mail address in order to view any Resources or if you sell or trade any e-mail addresses you collect on your Website to another party for any reason.

Please note that the foregoing list is not exhaustive. Inquiries about acceptable use of the Website(s) and the Resources may be sent to:

Yale-New Haven Teachers Institute
Yale University
P.O. Box 203563
New Haven, Connecticut 06520-3563

teachers@yale.edu
ynhti@yale.edu

Please understand that, due to the volume of communications we receive, we may not be able to respond to all questions.

4. Attribution

For authorized uses of the Website(s), Resources and/or works derived from them in accordance with Section 3 (Non-Commercial Use) above, you must include attribution to the Yale-New Haven Teachers Institute and provide a link to the applicable URL for the Website(s). Please use the following format:

In some cases, materials under copyright held by third parties may be subject to additional intellectual property notices, information or restrictions. You are solely responsible for checking the applicable credit section of such materials to identify and comply with any such third-party notices, information or restrictions.

5. Disclaimer and Warranty

YALE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO YNHTI, ITS OPERATIONS, THE WEBSITE(S), RESOURCES, AND/OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN, IN WHOLE OR IN PART; ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD THEREIN BY YALE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YALE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS AND/OR THE PRESENCE OR ABSENCE OF ERRORS. YALE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITES AND/OR ANY RESOURCES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE(S) AND/OR ANY RESOURCES IS SOLELY AT YOUR OWN RISK. YOU ALSO HEREBY AGREE TO INDEMNIFY YALE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES FROM ANY AND ALL CLAIMS AND/OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) RESULTING FROM ANY CLAIM BROUGHT BY ANY THIRD PARTY RELATING TO YOUR USE OF THE WEBSITE(S), RESOURCES AND/OR ANY WORKS CONTAINED THEREIN OR DERIVED FROM THEM, IN WHOLE OR IN PART.

By using Resources from the Website(s), you agree and warrant that your use will not violate the rights of Yale or any other person or entity.

6. Linking

The Website(s) and/or the Resources may provide links to other websites for the benefit or convenience of its users. Yale makes no representation or warranty of any kind, express or implied, with respect to such other websites and does not control or take responsibility for the content on any such sites. The linking to such websites shall in no way constitute an endorsement by Yale of such sites.

7. Copyright Complaints

Yale respects the intellectual property of others and requires that users of the Website(s) and/or the Resources do the same. With respect to any copyrighted material owned by third parties, Yale has obtained permission to use such content from the copyright owner or has proceeded with use in reliance on the doctrine of fair use provided under U.S. copyright law. If you believe that your work has been copied and is accessible on the Website(s) in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been infringed upon, we urge you to submit notice to the Yale-New Haven Teachers Institute at ynhti@yale.edu with the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) the URL of the location containing the material that you claim is infringing; and (c) your address, telephone number, and e-mail address. We will promptly remove any material that is determined to be infringing upon the rights of others.

8. Trademarks

Yale®, Yale-New Haven Teachers Institute®, Yale National Initiative®, League of Teachers Institutes®, On Common Ground®, and other associated trademarks, service marks, logos and design elements are owned by Yale University. All rights reserved. Nothing contained on the Website(s) nor in any Resources should be construed as granting you, by implication or otherwise, any license or right to use any trademarks, service marks, logos and/or design elements displayed therein (except to provide appropriate attribution as specifically set forth in these Terms), without the express written permission of Yale or the third-party owner of any such trademarks, service marks, logos and/or design elements, as applicable.

9. Privacy

Yale is committed to protecting your privacy. Our Privacy Policy describes the collection and use of information about you on Yale University websites. Please review these carefully as they form a part of these Terms and are fully incorporated herein.

10. Feedback

By submitting your Feedback, you hereby grant Yale an irrevocable license to use, disclose, reproduce, distribute, prepare derivative works of, publicly perform and/or publicly display such feedback or comments for educational, research, promotional, and/or other purposes that support Yale’s mission.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Connecticut, U.S.A. without regard to conflict of laws provisions. If any provision(s) of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall remain in full force and effect.

4814-0539-1379, v. 1