PMT: Full Text of Terms and Conditions

1.These Terms and Conditions govern your access to and use of this website, as well as all charts, graphs, forms and other information obtained through this website, regardless of the manner in which you access the website or obtain the information and regardless of whether you have formally subscribed to the GATEWAY TO MASTERY® program.

2.You are hereby granted the limited, non-exclusive and non-assignable right and license to access, download, read, modify, make hard-copy printouts of, display and distribute (collectively “use”) the charts, graphs, forms and other information in the Toolkit and otherwise on the website solely for the non-commercial purposes of: (a) educating students enrolled in your school district; and (b) if you have been formally certified as a GATEWAY TO MASTERY® trainer, training teachers and administrators employed by your school district.This license is revocable by J.J. Burgard & Associates at any time and for any reason.

3 Except as expressly permitted under Section 2 above, you may not sell, license or otherwise use, or allow others to sell, license or otherwise use, any portion of the Toolkit or website without the express written consent of J.J. Burgard & Associates. By way of further explanation (but not limitation), in the absence of such express written consent, you may not: (a) disclose to anyone your assigned password; (b) unless you have been formally certified as a GATEWAY TO MASTERY® trainer, disclose to anyone other than students enrolled in and teachers and administrators employed by your school district any of the charts, graphs, forms or other information in the Toolkit or on the website; (c) unless you have been formally certified as a GATEWAY TO MASTERY® trainer, train anyone in the use of charts, graphs, forms or techniques of the GATEWAY TO MASTERY® program; or (d) even if you have been formally certified by J.J. Burgard & Associates as a GATEWAY TO MASTERY® trainer, train anyone who is not employed by your school district in the use of charts, graphs, forms or techniques of the GATEWAY TO MASTERY® program.

4.To request written consent to use a portion of the website in a manner not expressly permitted under Section 2 above, please contact J.J. Burgard & Associates by fax (206-495-0768) or email (improve@jjburgard.com). Please include your phone number, contact information and a detailed description of your proposed usage.

5. You acknowledge and agree that all right, title and interest in and to all of the charts, graphs, forms and other information in the Toolkit or otherwise on the website, as well as the techniques of the GATEWAY TO MASTERY® program, including, without limitation, all copyrights, trademarks, services marks, trade dress, trade names, trade secrets, publicity rights and all other intellectual property rights relating to all of the foregoing, are and shall at all times continue to be the sole and exclusive property of J.J. Burgard & Associates, its affiliates, licensors and/or assigns.

6 THE TOOLKIT AND OTHER INFORMATION CONTAINED ON THIS WEBSITE ARE INTENDED FOR USE BY ACADEMIC INSTRUCTORS AND/OR ADMINISTRATORS AS PART OF A COMPREHENSIVE PLAN TO IMPROVE STUDENT LEARNING THROUGH GATEWAY TO MASTERY® WORKSHOPS. YOU AGREE THAT J.J. BURGARD & ASSOCIATES HAS NOT MADE ANY REPRESENTATION, ENDORSEMENT OR EXPRESS WARRANTY TO YOU REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN THE TOOLKIT OR OTHERWISE ON THIS WEBSITE OR REGARDING THE RESULTS FROM USE OF ANY SUCH INFORMATION. ACCORDINGLY, ALL SUCH INFORMATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL J.J. BURGARD & ASSOCIATES BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. You hereby agree to indemnify, defend and hold harmless J.J. Burgard & Associates and all of its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out (a) the modification by you (or any user of your account) of the charts, graphs, forms or other information contained on the website and/or (b) any breach by you (and any user of your account) of these Terms and Conditions. J.J. Burgard & Associates reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, subject to your continuing obligation to indemnify the Indemnified Parties from and against liability for other than defense costs.

8.This User Agreement will be deemed to have been entered into in the State of Washington and will be construed and enforced under and in accordance with the laws of the State of Washington without regard to its conflicts of law principles or rules. The parties agree that any legal action or proceeding relating to this Agreement shall be brought in the United States District Court for the Western district of Washington, Seattle Division, or, if such court does not have jurisdiction, in a court of general jurisdiction in the County of King, Washington. You consent to the personal jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available to you.

9.In the event J.J. Burgard institutes legal proceedings as a result of an actual or threatened breach of this User Agreement by you, J.J. Burgard shall be entitled to seek and be awarded in such proceedings, if successful in such proceedings, the reasonable attorneys’, accountants’ and expert witness fees, costs and expenses which J.J. Burgard sustains in connection with such proceedings.

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