General

Public Impact® and Opportunity Culture® provide access to this site to educators, educational organizations, and members of the public as a service, in connection with its mission of providing information and developing models that help improve education outcomes.

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®.

Acceptance of Terms of Use

These terms of use are entered into by and between you and Public Impact®/Opportunity Culture® (collectively, “we,” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Terms of Use”), govern your access to and use of opportunityculture.org and publicimpact.com, including any content, functionality, and services offered thereon or through Opportunity Culture®/Public Impact® (the “Website”).

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by the Terms of Use, which also include our Privacy Policy, and our Opportunity Culture® Portal Terms of Use (for authorized Users of the Opportunity Culture® Portal), which are incorporated by reference. If you do not want to agree fully to our Terms of Use, you are not permitted to access or use the Website.

The Website 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 the Website, 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 Website.

Changes to the Terms of Use

Public Impact®/Opportunity Culture® may revise and update the Terms of Use from time to time without individual notice to you, by posting a notice online. All changes shall be effective immediately when posted and apply to all access to and use of the Website thereafter. Please be aware that you are responsible for reviewing any such updates or revisions and therefore should review them whenever you access the Website. Public Impact®/Opportunity Culture® may suspend or vary any part of the service offered on this Website for any reason, at any time, at their sole discretion.

Violation of Terms of Use

Compliance with the Terms of Use is required for being permitted ongoing access to this site. Violating any of these terms may result in termination of permission to access the site. Public Impact®/Opportunity Culture® retain the right and have the sole discretion to determine whether any of these terms have been violated and whether permission should be terminated.

License to Use Materials

Public Impact®/Opportunity Culture® own or are licensed to provide all of the information on this Website, including but not limited to written materials, images, photographs, and trademarks, which include materials protected by federal copyright law, as well as trademarks and service marks, some of which are federally registered trademarks.

Only Public Impact®/Opportunity Culture® can grant you permission to use the information and materials on the Website. If you meet the requirements described above you are licensed to use the information and materials on the Website only in accord with the Terms of Use and only if you comply with the methods and forms provided in the Website. No materials on the Website may be used without authorization. Organizations and individuals who access and use the materials owned by Public Impact® and/or Opportunity Culture® may not say, write, imply, or otherwise suggest that any of the information, materials or related models are created or owned by themselves or by anyone other than Public Impact® or Opportunity Culture®.

Any use of the information or materials on the Website that is not expressly presented as an authorized use is prohibited.

Users are permitted only to access the materials on the Website. Users may not copy or distribute any of the materials on the Website. 

Public Impact®/Opportunity Culture® retain all ownership rights over the materials and proprietary terminology on the Website.

Privacy Policy

In order to permit proper use of the Opportunity Culture® Portal and obtain the information and materials needed for certification, we collect personal information about the authorized users (collectively “User Information”). See Privacy Policy for the full terms involving our treatment of personal information.

Disclaimers, Other Legalities

Disclaimer of Warranties

We do not guarantee or warrant that any files available for downloading from the Website 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 Website for reconstruction of any lost data.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on the Website, or on any website linked to it.

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither we nor any person or organization associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither we nor anyone or entity associated with us represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

To the fullest extent provided by law, Opportunity Culture®/Public Impact® hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will Public Impact, Opportunity Culture, their affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and regardless of whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Governing Law and Jurisdiction

All matters relating to the Website and the 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 Terms of Use or the Website 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 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.