Curriculum Resources for Catholic Educators

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CURRICULUM RESOURCES FOR CATHOLIC EDUCATORS, INC.
Last updated on 19 August 2013
Welcome to Curriculum Resources for Catholic Educators! Please review the following terms carefully. If you have any questions about these Terms and Conditions, contact us at pdrey@catholiccurriculumonline.com.
The following terms and conditions form a binding agreement (this “Agreement”) between you and Curriculum Resources for Catholic Educators, Inc., an Iowa corporation (referred to herein as “CRCE”, “we,” “us,” or “our”). The term “you” refers to the person accessing or using the Site (defined below) or our Services (defined below), or the company or organization on whose behalf that person accesses the Site or our Services. By using the Site or any of our Services, you are agreeing to these terms and conditions.
This Agreement will govern your use of the Site and our Services. If you do not agree to the terms and conditions as provided in this Agreement, you must immediately cease use of the Site and our Services.
About CRCE and its Services
We offer online Catholic curriculum resources, including but not limited to lesson plans, PowerPoints, retreats, presentations, forum participation, etc., through our website located at www.catholiccurriculumonline.com and any other medium owned or operated by us (the “Site”). The “Services” include the opportunity for you to review, download, and discuss curriculum resources. For purposes of this Agreement, “Content” means any and all information and materials contained anywhere on the Site or provided by us or vendors in connection with the Services, including information and materials you post to the Site. Some of the Content is provided by others, including, but not limited to third-party teachers and educators.
Your Account
In order to obtain access to CRCE Services, you will need to register by through your Catholic high school or Catholic parish. No access to CRCE Services will be granted to individuals. An Invite Code is provided to the Catholic high school or Catholic parish and this Invite Code is needed to create an Account. An Account is required so we can:
 provide forum participation;
 maintain the integrity and professionalism of CRCE;
 track the submission of curriculum resources; and
 track the downloading of curriculum resources.
If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will create unique log-in credentials (“User ID”). Access to CRCE Services is not authorized by any other person or entity using your User ID, and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access CRCE Content and Services has previously been terminated by CRCE may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.
CRCE relies on User IDs to know whether users accessing CRCE Content and Services are authorized to do so. If someone accesses CRCE Content and Services using your User ID, we will assume that access has been made by you. You are solely responsible for any and all access to CRCE Content and Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Conditional Use of CRCE Content and Services

As a condition to your use of CRCE Content and Services, you agree that you:

 are eighteen (18) years of age or older, legally competent, and possess the authority to create a binding legal obligation;
 will comply with the terms of this Agreement at all times;
 will not reproduce or circulate any part of CRCE Content and Services in any method without CRCE prior written consent;
 will create only one Account and will provide complete and accurate information when creating your Account or registering for our Services;
 will not submit any purposely inaccurate information, commit fraud, or falsify information in connection with your Account or another user’s Account or in order to create multiple Accounts;
 are solely responsible for your Account and the activity that occurs while logged into or using the Site;
 will not use CRCE Content and Services to collect any personally identifiable information, including names, email addresses, or other such information for commercial purposes;
 will not solicit contacts made on CRCE for any commercial solicitation purposes;
 are solely responsible for Content you submit, including comment posts, profile information, and other similar or related Content;
 represent and warrant that you own or have the necessary licenses, rights, permissions, and consents to use and authorize CRCE to use any and all Content submitted by you to CRCE in accordance with the licenses granted in this Agreement;
 grant each CRCE user, whether using CRCE Content or Services or an application authorized by CRCE but developed via a third-party developer, a non-exclusive license to access the Content you submit through CRCE and to use, reproduce, distribute, prepare derivative works of, display, and perform such Content as permitted through CRCE’s functionality and under this Agreement;
 will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, and the like, unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such Content to CRCE and
 affirm that we have the right to determine whether any of your Content submissions are appropriate and comply with this Agreement, remove any and/or all of your submissions, and terminate your Account with or without prior notice.

Rules Relating to User Conduct

It is our goal to make the use of CRCE a good experience for all of our users, so you agree not to:

 conduct or promote any illegal activities while using CRCE Content or Services;
 upload, distribute, or print anything that may be considered harmful or inappropriate for users, including those that may be minors;
 attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
 access or attempt to access any secured portions of the Site to which you are not authorized to access;
 upload or transmit any form of virus, worm, Trojan horse, or other malicious code to the Site or take any action that places excessive demand on the Site or imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
 use the Site or any material on the Site to advertise or solicit, for any political, religious, or other commercial purpose, or to compete, directly or indirectly, with CRCE;
 use any automatic or manual process to search or harvest information from CRCE, or to interfere in any way with the proper functioning of CRCE;
 use the Site or any of its resources to solicit users, Merchants, or other business affiliates of CRCE to become users or partners of other’s services, directly or indirectly, competitive or potentially competitive with CRCE;
 hyperlinking to the Site from any other website without our consent; or
 act illegally or maliciously in any manner against the business interests or reputation of CRCE, or our Content and/or Services.

To the extent your conduct, as determined by us in our sole discretion, violates the forgoing restrictions or inhibits any other user from using or enjoying the Site, we may terminate your Account or limit your privileges on the Site, and we may seek other available remedies.

Rules Relating to Forum Content

The purpose of CRCE is to supply curriculum resources for Catholic educators. In doing so, CRCE believes it is beneficial to provide forums for Catholic educators to discuss the resources. Comments in furtherance of the goal of supplying curriculum resources for Catholic educators, including feedback about the resources, is encouraged. However, all comments may be reviewed and will be removed if deemed inappropriate in any way by CRCE. Examples of inappropriate comments include, but are not limited to, comments which are disparaging to the Catholic religion or are not in furtherance of the Catholic religion and Catholic education. CRCE has the right to terminate your account if you post any comments that CRCE deems inappropriate or offensive.

Non-Confidentiality, Security, and Privacy

You understand that certain information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by CRCE. Therefore, we are not under any obligation to protect the confidentiality of such information. Other information, such as personal information provided in connection with your creation of an Account, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with submission of Content may be disclosed by us to users of the Content for their commercial purposes.
Any communications between you and CRCE, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying CRCE Content and Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
Rules Regarding Information and other Content

The Content we publish on the Site is proprietary to us, the Vendors, and/or our affiliates. You agree not to distribute, perform, reproduce, copy, transmit, display, modify, publish, license, create derivative works from, transfer, or sell, including through re-sale, any Content, software, information, products, or services obtained from or through the Site.

When you use the Site, you can obtain access to various kinds of Content. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by CRCE), and you agree not to post or use any Content in any manner that:

 infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
 violates the privacy, publicity, or other rights of third parties;
 is unlawful, defamatory, libelous, discriminatory, pornographic, obscene, harassing, abusive, threatening, hateful, or encourages conduct that would be considered a criminal offense, would give rise to civil liability, would violate any law, or is otherwise inappropriate, as determined by us in our sole discretion;
 is misleading, false, or inaccurate; or
 could damage CRCE, its affiliates, its employees, or other related parties.

Though we strive to enforce these rules with all of our users, you may be exposed to Content on CRCE’s website that violates the policies or terms set forth in this Agreement or is otherwise offensive or inappropriate. We are not responsible for your exposure to such Content. We may, but are not obligated to, terminate Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or the Content violate the policies or terms set forth in this Agreement or the applicable agreement with the offending user(s).
Release of Liability for Advertisements and Links to Third Party Sites
CRCE’s website may contain advertisements and links to third party websites that are not owned, operated, or controlled by CRCE. Therefore, we cannot and do not assume responsibility for the content, policies, or practices of such websites or the companies that operate or own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using CRCE’s Content and Services, you expressly relieve us from any and all liability arising from your use of any third party website.
Termination
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth in this Agreement. In the event of any termination, you will immediately cease use of the Site.
Disclaimers of Warranty
We provide the Site and Services “as is”, “with all faults” and “as available.” CRCE and the others providing content make no express warranties or guarantees about the Site, the Services, or the Content. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT CRCE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WITHOUT INTERRUPTION. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CRCE’s CONTENT AND SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A CRCE EMPLOYEE OR AGENT SHALL CREATE A WARRANTY. Additional consumer rights may be available to you under your local laws that this Agreement cannot change.
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF CRCE’s Content and Services. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, VENDORS, AND MERCHANTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
You agree to defend, indemnify, and hold harmless CRCE, its affiliates, officers, directors, shareholders, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of and access to CRCE’s Content and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including any copyright, property, or privacy right; or (iv) Content submitted by you that causes damage to a third party. This defense and indemnification obligation will survive termination of this Agreement.
Reservation of Rights and Release
CRCE reserves the right take any action CRCE deems appropriate regarding disputes that you may have with other CRCE users or any Vendors. To the extent not prohibited by applicable law, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other user or any Vendors. You hereby expressly waive any applicable state law limitations or prohibitions regarding the applicability or enforceability of such release.
Intellectual Property
Everything located on the Site is the exclusive property of CRCE or is being licensed or used with permission. Except as provided in the “License Granted Through Purchase” section below, we are not granting any license to you by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. In addition, except as provided in the “License Granted Through Purchase” section below, ANY COPYING, TRANSMITTING, POSTING, DISTRIBUTING, LINKING, OR OTHER MODIFYING OF THE SITE, WITHOUT THE EXPRESS WRITTEN CONSENT OF CRCE, IS PROHIBITED. Any violation of this provision will result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The Site contains software, photos, text, video, music, graphics, and sound and the entire contents of the Site are protected by copyright as a collective work under U.S. copyright laws; the Site includes trademarks, copyrighted material, and other proprietary information that are also protected by copyright as a collective work under the United States copyright laws (“CRCE IP”). You may not modify, publish, broadcast, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the CRCE IP, in whole or in part. You may download, print, copy, and/or save CRCE IP for your personal use only consistent with the “License Granted Through Purchase” section below. Except as expressly allowed under copyright law, no copying, redistribution, re-transmission, publication, or commercial exploitation of downloaded material, without the express written consent of CRCE or the copyright owner, is permitted. If copying, redistribution, or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights in the CRCE IP under this Agreement.
“Curriculum Resources for Catholic Educators”, the acronym “CRCE” and various symbols, logos and designs using such name and acronym are trademarks of CRCE. These trademarks, along with other trademarks located on the Site, otherwise owned or operated in conjunction with CRCE shall not be deemed to be in the public domain but instead the exclusive property of CRCE unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of CRCE unless otherwise stated. CRCE does not have any obligation or responsibility to provide you with indications, markings, or anything similar that may aid you in determining whether any material is copyrighted or trademarked.
You agree to not upload, post, or otherwise make available on the Site any Content protected by copyright, trademark, or other proprietary right without the express consent of the owner of the copyright, trademark, or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting Content to any public area of the Site, you warrant that the owner of such Content has expressly granted CRCE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright or other intellectual property rights that may exist in such Content. You also permit any other user to access, view, store, or reproduce the Content for that user’s personal use. You also grant CRCE the right to edit, copy, publish, and distribute any Content that you make available on the Site. If you have any rights to the submitted Content that cannot be licensed to us as provided in this Agreement, you unconditionally and irrevocably waive the enforcement of such rights and any and all claims and causes of action of any kind against us or related to our users and affiliates anywhere in the world with respect to such rights.
License Granted Through Purchase
By purchasing access to the provided curriculum materials, we grant to you a limited license to use the curriculum materials. This license is limited to classroom use only. Accordingly, for example, you may download, print, save, and/or copy the materials for use within your classroom.
Copyright Infringement Notices
If you are a copyright owner or a copyright owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our copyright agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (5) A statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed. CRCE’s designated copyright agent to receive notifications of claimed infringement can be reached at copyright@catholiccurriculumonline.com. You acknowledge that if you fail to comply with all of the requirements of this paragraph, your Digital Millennium Copyright Act notice may be deemed invalid.
Miscellaneous
Statute of Limitations. YOU AND CRCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Entire Agreement. This Agreement, and any other legal notices published by CRCE on the Site shall constitute the entire agreement between you and CRCE.
Modification. We may modify the terms of this Agreement from time to time in the future, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such modifications in this Agreement. If you do not agree to any modifications, if and when such modifications may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to this Agreement indicates that you agree to such modified Agreement.
Waiver. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Any waiver of CRCE’s rights under this Agreement shall not be valid or effective, unless in a written agreement bearing the physical signature of an officer of CRCE. No purported waiver or modification of this Agreement by CRCE via electronic mail communications shall be valid.
Notices and Electronic Communications. For purposes of this Agreement, you (a) consent to receive communications from CRCE in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CRCE provides to you electronically satisfy any legal requirement that such communications be in writing. You may direct communications to CRCE at: pdrey@catholiccurriculumonline.com.
Construction. When used in this Agreement, “including” shall mean “including without limitation” and shall not limit the preceding words or terms. Unless the context requires otherwise, (a) all definitions of capitalized words and phrases in one tense, shall extend to and include all other tenses, with appropriate adjustments in interpretation employed as needed to ensure the intended meaning of such word or phrase (as determined by the context in which it is used) is preserved to the fullest extent; (b) all terms used in this Agreement in the singular shall extend to and include the plural and all terms used in the plural shall extend to and include the singular; and (c) all terms used in this Agreement in any gender shall extend to and include both genders. The section headings used in this Agreement are included solely for convenience and shall not affect the interpretation of this Agreement.
Governing Law and Venue. This Agreement shall be governed and construed pursuant to the laws of the State of Iowa. A court of competent jurisdiction in Polk County, Iowa shall have the exclusive jurisdiction to hear any disputes arising out of this Agreement.
No agency. You and CRCE are independent contractors. Nothing in this Agreement shall be construed to create a joint venture, partnership, franchise, employment, or agency relationship between you and CRCE. You do not have authority, without our prior written consent, to bind or commit us in any manner. There are no third-party beneficiaries of this Agreement.
Assignment. Except as otherwise expressly provided in this Agreement, you may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent. Any attempt by you to do so will be invalid.
Severability. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
Survival. Our rights under this Agreement will survive any termination of this Agreement.
Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of you and CRCE and our respective successors and permitted assigns.

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