General

These terms of use (“Opportunity Culture® Portal Terms of Use”) are for the Opportunity Culture® portal owned by Public Impact® and operated through Opportunity Culture® (“Opportunity Culture® Portal”). Any persons, entities, or organizations that access the Opportunity Culture® Portal, are subject to these Terms of Use.

These Opportunity Culture® Portal Terms of Use are subject to and controlled by the general Public Impact®/Opportunity Culture® Terms of Use and other documents they expressly incorporate by reference (collectively, “Terms of Use”). Please refer to the general Terms of Use for the full terms.

Public Impact® is a North Carolina corporation with its principal registered address at 405 East Main Street, Suite A, Carrboro, NC 27510-2394. Opportunity Culture® is an education initiative that is owned and operated by Public Impact®.

Public Impact®/Opportunity Culture® provide educators and educational organizations access to this Opportunity Culture® Portal as a service designed to improve academic services, with the option to gain certification, certificates of completion, validation, and other indications of status at various levels. The Opportunity Culture® Portal and the information and materials it contains, is intended to facilitate certification and validation, but use of the Opportunity Culture® Portal does not guarantee any particular outcome.

Access to the Opportunity Culture® Portal is granted by Public Impact®/Opportunity Culture® on a subscription basis only to authorized individuals, entities, and organizations. Each such authorized user (when so authorized, referred to here as a “User” or “you”) is granted a limited, revocable license to access and use the information and materials in the Opportunity Culture® Portal solely in accord with the Opportunity Culture® Portal Terms of Use.

Acceptance of Terms of Use

The Opportunity Culture® Portal Terms of Use are entered into by and between each User and Public Impact®/Opportunity Culture® (“we,” or “us”). The following terms and conditions in the Opportunity Culture® Portal Terms of Use govern your access to and use of the Opportunity Culture® Portal, including any content, functionality, and services offered on or through the Opportunity Culture® Portal and related information on the Opportunity Culture® and/or Public Impact® websites.  As part of the Opportunity Culture® Portal Terms of Use you also agree to abide by the instructions that are included on pages in the Opportunity Culture® Portal and to respond truthfully to questions, acknowledgements and information submittals in the Opportunity Culture® Portal.

Please read the Opportunity Culture® Portal Terms of Use carefully before you start to use the Opportunity Culture® Portal. By using the Opportunity Culture® Portal, you accept and agree to be bound and abide by these Opportunity Culture® Portal Terms of Use and our general Terms of Use, as well as our Privacy Policy, and Intellectual Property Policy, which are incorporated by reference. If you do not want to fully agree to our Opportunity Culture® Portal Terms of Use, our general Terms of Use, or any portion of any of these, you are not permitted to access or use the Opportunity Culture® Portal.

This Opportunity Culture® Portal is offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Opportunity Culture® Portal, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you are not permitted to access or use the Opportunity Culture® Portal.

License to Use Materials

Public Impact®/Opportunity Culture® own or are licensed to provide all of the information in the Opportunity Culture® Portal, including but not limited to written materials, images, photographs, and trademarks, including materials protected by federal copyright law, as well as trademarks and service marks, some of which are federally registered trademarks. As the proprietor of all of the information in the Opportunity Culture® Portal, only Public Impact®/Opportunity Culture® can grant Users the right to use the information and materials in the Opportunity Culture® Portal.

Each User is granted a limited, revocable license to access the information and materials in the Opportunity Culture® Portal. Only persons, institutions and organizations that have been authorized as Users may access and use information in the Opportunity Culture® Portal and only in accord with the instructions therein and for the express purposes permitted thereby. Any use of the materials that is not expressly provided as an authorized use is prohibited.

Only Users are permitted to access and use the information and materials in the Opportunity Culture® Portal and no User may copy or distribute any of the materials on the Opportunity Culture® Portal to others.

See our Intellectual Property Policy page for more detailed information about appropriate use of information and materials in the Opportunity Culture® Portal.

Access to Portal

The Opportunity Culture® Portal contains information and materials designed by Public Impact®/Opportunity Culture® to help individuals and institutions create an environment conducive to an effective education and potentially gain certification and/or validation.  A valid subscription is required to access the materials and information in the Opportunity Culture® Portal and the term of permitted access to the Opportunity Culture® Portal is limited to the term of the subscription.  By virtue of a subscription, Users have a limited, revocable license to access and use the information and materials provided within the Opportunity Culture® Portal. The license is nontransferable and the materials available via the Opportunity Culture® Portal may not be shared with anyone who is not a User. Users are only entitled to access to the Opportunity Culture® Portal by using their personal account credentials.

The educational models and related materials in the Opportunity Culture® Portal belong to Opportunity Culture® and its owner, Public Impact®, and no one else is entitled to claim any ownership or creation with respect to them, whether in whole or in part.

Authorized Users

Opportunity Culture® and Public Impact® have the sole authority to grant access to the Opportunity Culture® Portal for a limited period of time, (which is referred to as a “subscription”). Each subscription is for a limited period of time, (“subscription term”). Schools and school systems can buy a subscription that provides for subsidiary access by Users who are authorized on the basis of the primary subscription. User access that is subsidiary to a primary subscription is subject to the terms of the primary subscription.

Schools and school systems that have been granted access must designate the Users associated with the primary subscription who thereby should be permitted access to the Opportunity Culture® Portal. A User authorized thereby may include a school or school system, an employee or contractor thereof, or an employee or contractor acting on behalf of the school or school system. Each school or school system is responsible for the actions of any User who is authorized to access the Opportunity Culture® Portal under the subscription of that school or school system.

Each User is required to comply with the instructions on the screens in the Opportunity Culture® Portal. When submitting materials for certification, only a User who is an authorized representative of the subscription owner and has actual knowledge of the accuracy and veracity of the information being submitted may submit and sign for its submission.  

Account Security

Only a properly authorized User may access and use information and materials in the Opportunity Culture® Portal, and only by using the account credentials assigned to such User. Account credentials are provided to Users for personal use, not for commercial use, transfer to another, or providing services to others.

The owner of each subscription is responsible for providing the names and email addresses of each of the Users who should be designated for access to the Opportunity Culture® Portal under the subscription. The list of designated Users must be updated or confirmed by the subscription owner at the beginning of each subscription term and the subscription owner is responsible for notifying Opportunity Culture® and Public Impact® of any personnel changes during the subscription term.

All account credentials are personal and must be treated as confidential by each User. Each User agrees not to disclose account information and to keep any issued identification and/or password confidential. In the event a User becomes aware of any misuse of a password or any breach of this requirement, the User agrees to notify us immediately.

Public Impact®/Opportunity Culture® retain the right delete and/or revoke account credentials at any time.

Collection of Personal Information

In order to permit appropriate use of the Opportunity Culture® Portal and obtain the information and materials needed for certification and/or validation, Public Impact®/Opportunity Culture® may collect Personal Information about Users.

Personal Information will be collected during the subscription period and may be shared with other Users during the subscription term and after a subscription ends.

Personal Information has a specific designation, as described in our Privacy Policy.  We take the responsibility for managing Personal Information seriously and cover this in our Privacy Policy.  See the Privacy Policy page for the full terms of our Privacy Policy, which are incorporated in our Terms of Use.

Information Submitted by Users

Users also may provide information to be published or displayed in public areas of the Opportunity Culture® Portal (hereinafter, “posted”) or transmitted to other Users of the Opportunity Culture® Portal or third parties (collectively, “User Contributions”). User Contributions in the Opportunity Culture® Portal may contain personal profiles and other interactive forms and features that allow User Contributions to be posted and transmitted. All User Contributions submitted to the Opportunity Culture® Portal by a User must comply with the content standards set out in the Opportunity Culture® Portal Terms of Use.

All User Contributions posted in public areas of the Opportunity Culture® Portal by a User will be considered non-confidential and non-proprietary. By posting a User Contribution to the Opportunity Culture® Portal, a license is granted to us, our affiliates and service providers, to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contributions for any purpose. 

The treatment of User Contributions is more specifically described in our Privacy Policy.  See the Privacy Policy page for the full terms of our Privacy Policy, which are incorporated in our Terms of Use.

User Representations

Each User of the Opportunity Culture® Portal represents and warrants that all Personal Information and User Contributions provided comply with the Opportunity Culture® Portal Terms of Use. Each User represents that all information submitted to the Opportunity Culture® Portal is true, accurate, current, and complete information, as well as that all User Contributions submitted are considered non-confidential and non-proprietary.

Content Standards

Each User agrees to submit only truthful information and materials that contain no disrespectful representations.

Each User agrees not to submit information or material that:

• Is defamatory, offensive, obscene or of threatening character;
• Is likely to cause a nuisance to any organization, school system, staff, or individual;
• Is advertising or promotional material;
• Uses or misuses the features or functionality of the Opportunity Culture® Portal for commercial or promotional purposes;
• Is prohibited by the Opportunity Culture® Portal Terms of Use; or
• Is prohibited under any applicable law.

Termination of License

Each User is granted a license that provides access to the Opportunity Culture® Portal and the use of its information and materials only for the duration of the relevant subscription term. Once a subscription has ended, this license and all associated accounts are automatically terminated. Once this license has terminated, no further use of the material may be made, even if Opportunity Culture® Portal account access has not been deactivated.

Public Impact®/Opportunity Culture® reserve the right to terminate this license due to any violation of the Opportunity Culture® Portal Terms of Use and to restrict or revoke any related certification, validation, license, individual certificate, or other status or privileges. Public Impact®/Opportunity Culture® retain the right and have the sole discretion to determine whether any of these terms have been violated and whether any permission, status or privileges should be terminated.

Disclaimers

The information, software, products and services included in or available through the Opportunity Culture® Portal may include inaccuracies or typographical errors and we reserve the right to make changes to any information therein.

We make no guarantee that documents and information in the Opportunity Culture® Portal are free from inaccuracies or typographical errors and that documents available precisely reproduce the latest version of said documents.

We are not responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any third party in the Opportunity Culture® Portal and are not responsible for any infringement of another’s rights including but not limited to intellectual property rights, by any third party. Each User agrees that we are not responsible for any content sent via and/or included in the Opportunity Culture® Portal by a third party.

We make no representations or warranty about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the materials, information, software, products, services and graphics contained within the Opportunity Culture® Portal for any purpose. The services, content, and information in the Opportunity Culture® Portal are provided on an “as is,” “as available” basis without any warranty of any kind (including express or implied).

We do not guarantee or warrant that any files available for downloading from the Opportunity Culture® Portal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Opportunity Culture® Portal for reconstruction of any lost data.

In no event shall Opportunity Culture® or Public Impact® be liable to any User (whether in contract, tort or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, loss of data, pure economic loss, loss of profits, loss of business, loss of business opportunities, depletion of goodwill and like loss) however caused, arising out of or in any way connected with the access to, the use or performance of the Opportunity Culture® Portal, with the delay or the inability to use the Opportunity Culture® Portal, the provision or the failure to provide services or for any information, software, products, services and graphics obtained through the Opportunity Culture® Portal, or otherwise arising out of the use of the Opportunity Culture® Portal.

Governing Law and Jurisdiction

All matters relating to the Opportunity Culture® Portal and the Opportunity Culture® Portal Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Opportunity Culture® Portal Terms of Use or the Opportunity Culture® Portal shall be instituted exclusively in the federal courts of the United States or the courts of the State of  North Carolina, in each case located in Orange County, although we retain the right to bring any suit, action, or proceeding against you for breach of the Opportunity Culture® Portal Terms of Use in your county, state, country of residence or any other relevant location. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.