Early Learning Indiana Online Professional Learning  

Terms and Conditions 

Thank you for participating in the professional learning program (the “Program”) by Early Learning Indiana (“ELI”, “we”, “us” or “our”), whether as a student participant (“Participant”) or a cooperative teacher supervising Participants (“Cooperative Teacher”). These Terms and Conditions (“Terms”) govern your participation in the Program and your use of all Program content and materials (“Content”), which includes all the course content available on this web portal (“Portal”, and, together with the Content, the “Program Materials”). 

By acknowledging the checkbox below you agree to these Terms. If you don’t agree to these Terms, you must not access or use the Program Materials and may not participate in the Program. 

We may update these Terms from time to time, but if we do so we will post the updated Terms to the Portal. By acknowledging the checkbox, you accept the updated Terms, which will then replace the old Terms. If you don’t accept the new Terms, you must stop all access or use of the Program Materials and may no longer participate in the Program. 

In exchange for participating in the Program and receiving access to the Program Materials, you agree as follows:

1. You may use the Content and the Portal for your own personal, non-commercial use, in connection with your participation in the Program. You can’t use the Content or the Portal in any other manner or for any other purpose.

2. You agree that you won’t, and won’t allow anyone else to:

2.1. Copy, modify, or create new works based on the Content.
2.2. Rent, lease, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any of the Content to anyone else.
2.3. Remove, delete, alter, or obscure any trademarks or other proprietary or confidential markings from the Content.
2.4. Participate in the Program or access or use the Program Materials to develop a competing service or product;
2.5. Use any robot, spider, rover, scraper or other automatic device, technology, process or means to access the Content or the Portal for any purpose, including monitoring, chacheing, masking, extracting data from, distributing or copying any of the material in or on the Portal, including any Content.
2.6. Use the Content in connection with or in order to train any deep learning, machine learning, large language model and/or other artificial intelligence technologies.

3. The Portal contains features allowing you to interact with other Participants, including a “forums” page (collectively, the “Forums”). You may only use the Forums in connection with your participation in the Program. You understand and acknowledge that you are responsible for any content you submit to the Forums (“Comments”). We are not responsible for Comments posted by you or other users. All your Comments must comply with all applicable laws, and must not:

3.1. Identify any individual student, whether by name or with sufficient descriptive information that the student could reasonably be identified.
3.2. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
3.3. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy, available at https://earlylearningin.org/privacy-policy/.
3.6. Be likely to deceive any person.
3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
3.9.Impersonate any person or misrepresent your identity or affiliation with any person or organization.
3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
3.11. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

4. We may, but have no obligation to:

4.1. Monitor, edit, refuse to post, or remove Comments, or take such other actions as we may deem appropriate, for any or no reason in our sole discretion, including without limitation if we believe that any Comments violate Section 3.
4.2. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4.3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Portal. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Portal.

5. We reserve the right to suspend or terminate your participation in the Program and your access to the Program Materials at any time for any or no reason, including if you do any of the things described in Section 2 or Section 3 above. You also agree to promptly alert us if you become aware that someone else doing anything prohibited by those Sections.

6. Unless we suspend or terminate your access early, you will be allowed to access the Content for the duration of the enrolled Program, and then for an additional three (3) months afterwards. After that time (or as soon as your access is suspended or terminated, if sooner), you will immediately stop all use of the Content and the Portal.

7. We retain all rights to the Program and the Content, including all intellectual property rights, and our licensors retain all rights to the Portal. You agree that you won’t claim any ownership of the Program Materials. Although you are not allowed to modify Content, if you do modify any Content or create new materials based on Content, you agree that we will own those items, and hereby assign all your right, title and interest in and to such items, including all intellectual property rights, to us. In addition, if you give us any feedback or suggestions regarding the Program or the Program Materials you agree that we may (but are not required to) use that feedback or suggestions in any manner we wish, without any requirement to credit you or compensate you.

8. We do not make any representations or warranties regarding the Program or the Program Materials, and your participation and use is at your own risk. We provide the Program and the Program Materials on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We do not make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Program Materials. Without limiting this general disclaimer, we do not represent or warrant that the Program Materials will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Portal or the server that makes it available are free of viruses or other harmful components or that the Program or the Program Materials will otherwise meet your needs or expectations. We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, title, non-infringement, or fitness for particular purpose, or arising from course of dealing or usage of trade.

9. You agree to indemnify and hold us and our employees, officers, directors, agents and successors harmless from and against any and all losses, damages, costs and expenses, arising from any third-party claim based upon or arising out of your participation in the Program or your use of the Program Content.

10. In no event will we be liable to you or to any third party in connection with or arising out of this Agreement, your participation in the Program, or your use of the Program Materials for any direct, indirect, incidental, punitive, consequential, or special damages, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, whether foreseeable or not and whether you have been advised of the possibility of such damages. If a court of competent jurisdiction determines that the foregoing limitations of liability are unenforceable (e.g., as against public policy), in no event will our maximum cumulative liability in connection with or arising out of this Agreement, your participation in the Program, or your use of the Program Materials exceed the amount of ten dollars ($10.00). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. You agree to allow the use of photos and videos by Early Learning Indiana in print, on social media, and any other marketing materials.

12. You may not assign or transfer any of your rights or obligations under these Terms. We both agree that our relationship is that of independent contractors, and not employer and employee. If any government authority determines that you are our employee, you agree that you shall not be deemed a participant in any of our employee benefit plans irrespective of such determination, except as may be required under applicable law. If any disputes arise out of these Terms, they must be brought only in the federal or state courts located in Marion County, Indiana (and you consent to the exclusive jurisdiction thereof). These Terms and any related disputes will be governed by Indiana law (without regard to conflict of law rules). These Terms set forth the entire agreement between you and us related to the subject matter hereof. In particular, no promises, waivers or exceptions from any of our staff or independent contractors are binding unless included in these Terms.