Terms of Service

Welcome to Education Resource Strategies. We hope you will enjoy being a part of our community, such as visiting erstrategies.org (the “Website”), reading our newsletters, participating in our discussion boards, and using our online resources and tools such as the District Resource Allocation Modeler (or DREAM™) tool, the ResourceCheck™ tool and the School Budget Hold ‘em™ game, and all other tools, applications and information that we may make available to you from time to time (each a “Service,” and collectively, the "Services"). By using the Website or any of the Services, you are agreeing to be bound by these Terms and Conditions (“Terms”). If you don't wish to be bound by the Terms, you should not register with Education Resource Strategies, Inc. ("ERS", "we" or "us") or use the Website or the Services. We may change these Terms at any time, but we will post a notice on the Website of any material changes, and you can see when these Terms were last revised by referring to the “Updated” legend above. Your continued use of the Website and Services means that you accept any new or modified Terms. So please check back here from time to time.

ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 16 BELOW. PLEASE READ SECTION 16 CAREFULLY.

1. Registration. You may choose to register with us if you like. If so, you will be asked to create a username and password which you'll need to access the Service. As a registered user, you can update your account settings, including your email address, by going to http://www.erstools.org/dream Also, if you forget either your password or user name, you can visit the Website or email us for that help too. Please take care to keep your user name and password secret, because you are responsible for all activity taken through your account.
2. Services. Some Services, like DREAM, are works in progress. We reserve the right to change or even eliminate them with no notice, at our sole discretion. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website and Services, or any portion of the Website; (2) to modify or change the Website or Services, or any portion of the Website or Services, and any applicable policies or terms; and (3) to interrupt the operation of the Website and/or provision of Services, or any portion of the Website or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
3. Privacy. We are committed to your privacy, and our privacy policy (“Privacy Policy”) explains the policies put in place and used by us to protect your privacy as you visit the Website and use the Services and its terms are made a part of these Terms by this reference. We receive, store and use all information that you submit to the Website (which may include your name, address and phone number if you purchase products from us), all information you submit through the Services, and the results and output of your use of the Services, in accordance with the Privacy Policy, so please read it carefully. We also collect anonymous aggregated and/or statistical data reflecting your use of the Website and Services and may use such data for tracking, reporting and other activities in connection with our business, also all in accordance with the Privacy Policy. Also, by using the Services or the Website, you acknowledge that Internet transmissions are never completely private or secure.
4. Disclaimers Certain resources on the Website such as DREAM, Resource Check, and School Budget Hold‘em, are designed to allow you to explore school system resource allocation decisions. By aggregating information from a variety of sources, we hope to provide you with a way to make better decisions for your schools and school districts. However, you should not assume that the opinions that other people express on the Website are the opinions of ERS or anything other than the opinions of the individuals expressing them. Also, you should rely on the results of these Services using common sense. Our Services do not replace your obligation to exercise your independent judgment and to do your own research. In the material and data that we make available, we rely on a variety of third party sources. We believe these sources of data to be accurate and reliable, but sometimes they may not be. We make no claims or representations as to the accuracy, completeness, or truth of any material contained in the Website and Services. Nor are we liable for any errors or delays in the content or transmission of the data through the Website or Services. We do not guarantee the veracity, reliability or completeness of any information provided in the Services. We will not be liable for any loss or damage caused by a user’s reliance on information obtained through the Website, the Services, or in a hyperlinked area. If you don't accept this responsibility for yourself, then you should not use the Website or Services.
5. Restrictions. You may only use the Services for your own personal use, or by you for the benefit of an academic or non-profit entity that authorizes you to use the Services for its benefit. You may not commercialize any information or data you receive from us, meaning you cannot sell or profit off of our materials or Services, including the results of your use of the Services. If you share any of this information with an academic or non-profit entity, you may not pass it off as your own, and you must attribute the materials to ERS as the originator. You may not republish, post, transmit or distribute the Content (defined in Section 9) to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our prior written consent. You may not create abstracts from or scrape our Content, for use on another website or service.
6. Website Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to the design, structure, “look and feel” and arrangement of the content on the Website and the Services (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may make one copy of the Content for use in accordance with Section 5, provided that any material copied remains intact and includes the following notice: "Copyright 1995-2012 [or whatever the current year is] Education Resource Strategies. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without our prior written permission. You may not republish, post, transmit or distribute the Content (defined in Section 1) to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our prior written consent. You may not create abstracts from or scrape our Content, for use on another website or service. We retain all right, title and interest in and to the Website and Services, including all related intellectual property contained therein, and no licenses are granted by implication or estoppel.
7. Your Information and Materials. Certain features of the Services may allow you to post, submit, publish, share, store, or manage (a) ideas, opinions, recommendations, data and information, including Information and (b) literary, artistic, musical, or other content, such as photos and videos (collectively, “Your Materials”). By posting or publishing Your Materials, you represent and warrant to us that you have all necessary rights to distribute Your Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of Your Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of these Terms), sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit Your Materials as we in our sole and absolute discretion deem appropriate to perform and to promote (subject to your account settings) the Services and in accordance with these Terms. This license ends when you delete Your Materials or your account, unless Your Materials have been shared with others and they have not deleted it. You acknowledge and agree that we will own all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. We acknowledge and agree that, as between you and us, you will own all right, title, and interest in and to Information provided by you and Your Materials.
8. Purchases. You can buy certain products from us on the Website by using your username and password. All purchases are conducted by PayPal and we will not receive your credit card information. Your use of PayPal is subject to PayPal’s terms and conditions found at www.paypal.com.
9. Acceptable Use Policy. You may not use the Website or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Website and Services is conditioned in part on your compliance with the rules of conduct below, and your failure to comply may result in termination of your access to and use of the Website and Services and being responsible for damages caused by your noncompliance. While using the Website and Services, you may not: (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or Services; (f) “frame” or “mirror” any portion of the Website or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or Services; (h) harvest or collect information about or from other users of the Website or Services; (i) use the Website or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Website, nor breach the security or authentication measures on the Website or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; or (n) facilitate or encourage any violations of this Section. Unauthorized access of our Website is a breach of these Terms, and you may not to access the Website by any means other than through the interfaces we provide.
10. Your Warranties. You represent and warrant to ERS that (a) all information that you provide to us is accurate and truthful, (b) you have the authority to share Your Materials with us and to grant us the right to use Information as provided in these Terms, (c) you have the right to grant us the licenses specified in Section 7 if applicable, (d) your acceptance and performance of these Terms does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (e) Your Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.
11. Additional Disclaimers. We offer and perform the Services solely as a convenience for you, and we do not guarantee or warrant the Services will meet your needs. Your interactions with other Website users or with third party advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WE SPECIFICALLY DISCLAIM, ON OUR OWN BEHALF AND ON BEHALF OF OUR THIRD PARTY SUPPLIERS AND LICENSORS, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE SERVICES AND ALL INFORMATION AND DATA MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE FROM ERRORS OR DEFECTS, THAT ERRORS OR DEFECTS CAN BE CORRECTED, OR THAT THE SERVICES WILL BE AVAILABLE OR UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damages resulting from such problems. We do not guarantee the Website or Services will be operable at any time or at all times.
12. Indemnification by You. You agree to indemnify and hold harmless us, our officers, directors, employees, agents, third party suppliers, licensors and affiliates, at your expense, from and against any and all third-party claims, actions, proceedings, and suits brought against any of the foregoing persons or entities, and pay all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by any of the foregoing persons or entities, arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your unlawful, fraudulent or malicious use of the Services or your misuse or abuse of the Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services, and (iv) our use of Your Materials in accordance with these Terms, except to the extent such liabilities, damages, etc. are caused by our reckless or intentional violation of applicable laws. In such a case, we will provide you with written or electronic notice of such claim, suit or action. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you shall cooperate as fully as reasonably required in the defense of any claim and, without limiting your indemnification obligation above, be responsible for all costs and expense incurred by us in the defense (including without limitation reasonable attorneys’ fees and other litigation expenses).
13. Our Limitations of Liability. NEITHER WE, NOR OUR THIRD PARTY SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, OR THE WEBSITE OR SERVICES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THE SERVICES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth in this Section may not apply to you.
14. Links to Other Websites. This Website and Services may contain links to other independent third-party web sites, whether provided by us or by users authorized by you to provide them (in all cases “Linked Websites”). Linked Websites provided by us are provided solely as a convenience to you and based upon your Information. Linked Websites are not under our control, and we are not responsible for and do not endorse the content of Linked Websites, including any products, information or materials contained on Linked Websites. You will need to make your own independent judgment regarding your interaction with Linked Websites. Some of the content served by us will be from affiliated merchant sites, and sales through these affiliated sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
15. Copyright Policy. We respect the intellectual property of others and ask that users of our Website and Services do the same. It is highly unlikely that we will know about any potential violations of your rights unless you tell us. Therefore, in connection with our Website and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Website and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, information in the form of a written notification (pursuant to the requirements of 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the material on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. You can email our designated copyright agent at contact@erstrategies.org
16. Binding Arbitration (Continued From the Start of These Terms). Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Boston, Massachusetts office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures, and sole and exclusive venue and jurisdiction is so vested and consented to. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
17. General Provisions. These Terms shall be governed by and construed under the laws of the Commonwealth of Massachusetts, consistent with the Federal Arbitration Act, without reference to any conflict of law principles that would apply a different body of law. If any portion is deemed unenforceable or void, it is the intention of the parties that such terms be severed and the remaining terms be enforced to accomplish the intent of these Terms. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Except as otherwise specified in these Terms, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 480 Pleasant St., Suite C-200, Watertown, MA 02472, and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Website Content, other technology we may make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. In addition, you shall not permit access to the Website, or use the Services, in a U.S.-embargoed country or in violation of any U.S. export law or regulation. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. If any provision within these Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced. Any amendment, waiver or variation of these Terms shall not be binding on the parties unless set out in writing, expressed to amend these Terms and signed by or on behalf of both parties; amendment may also be accomplished by the method of posting set forth at the beginning of these Terms. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign these Terms (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. These Terms and our Privacy Policy constitute the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. All personal data is maintained in the United States under the terms of our Privacy Policy. Except as otherwise expressly stated in these Terms and Conditions, there are no third party beneficiaries to this agreement.
18. Abuse. If you become aware of or suspect abuse or misuse of the Services, or use of the Services other than as permitted in these Terms, please contact us at contact@erstrategies.org
19. Feedback. If you have comments regarding the Website or Services or ideas on how to improve them, please contact us at contact@erstrategies.org and please note that by doing so, you also grant us permission to use and incorporate your ideas or comments into the Website and/or Services without compensation.

All trademarks, service marks, and other proprietary materials herein are the property of Education Resource Strategies, Inc., 2012. All rights reserved.

Questions? Please call 617-7607-8000 during East Coast business hours, or email us at contact@erstrategies.org