Terms of Use

Charter School Growth Fund Website Terms of Use

Effective Data: August 9, 2024

Welcome to the Charter Fund, Inc. d/b/a Charter School Growth Fund website, chartergrowthfund.org (“Website”). We are a 501(c) (3) non-profit organization (“CSGF,” “we,” or “us”) that has invested in over 200 charter school networks in 32 states, Washington D.C., and Puerto Rico.  Our mission is to help to improve public education available across the Unites States. We created this Website to share our partnering schools’ achievements and what is possible in public education. 

ACCEPTANCE OF TERMS

THESE TERMS OF USE (“TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENT. BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ THESE TERMS AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH CSGF IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

CHANGES TO THESE TERMS

We may update these Terms from time to time in our sole discretion. All changes are effective immediately upon posting to the Website. You agree to be bound by any revised terms if you continue to access and use the Website after we post updated Terms. If we make material changes to these Terms, we will post a notice at the top of these Terms, on the homepage of the Website, or otherwise communicate with you.

USE OF THE WEBSITE 

We provide you with the access to the Website for your personal use, provided you comply with these Terms. You must be at least the age of majority in your place of residence to access or use the Website. If you are under the age of majority in your state of residence, then your parent or legal guardian must agree to these Terms on your behalf. You may only access and use the Website with permission for your parent or guardian.

OUR PRIVACY PRACTICES

We collect certain Personal Data when you use the Website. We will treat such data as described in our Privacy Policy.[INSERT LINK]

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

The Website is comprised of certain text, materials, data, writings, articles, photographs, audio, visual, drawings, icons, interfaces, graphics, images, trademarks, logos, slogans, including its design, selection, assembly, and arrangement (“Content”). The Website is also comprised of certain software and technical features used to operate the Website. The Website and Content are the exclusive property of CSGF or its licensors, and is protected by copyright, trademark, and other intellectual property rights. The Website and its Content are also a collective work owned by CSGF and protected by U.S. copyright laws.

You may electronically display, copy, or print a copy of portions of the Content strictly for your own personal, non-commercial use. You may not access, copy, modify, reproduce, publicly display, transmit, distribute, or create derivative works from the Content for any commercial purpose. Any rights not granted to you under these Terms are expressly reserved by CSGF. Unauthorized use of the Website or Content may violate our intellectual property rights or the intellectual property rights of others. If you fail to comply with these Terms, we may terminate your access to the Website and its Content without notice to you.

TRADEMARKS

CSGF’s trademarks and other marks, logos, and names, used on or in connection with the Website and Content are the exclusive property of CSGF and may not be used without the prior written consent of CSGF. CSGF’s trademarks may not be used in a manner that is likely to cause confusion or dilute their distinctiveness or in a manner that disparages or discredits CSGF. 

All other trademarks or registered trademarks appearing on the Website are the property of their respective owners.

Any unauthorized use of any trademarks, copyrighted materials, or any other intellectual property belonging to CSGF, its licensors, or any third party is prohibited and may be prosecuted to the fullest extent of the law. 

ACCEPTABLE USE POLICY

If you visit or use our Website, you must comply with the following Acceptable Use Policy:

Comply with Laws

You agree that you will only use the Website and the Content in compliance with applicable international, federal, state, and local laws, rules, and regulations (“Applicable Laws”).

Be Truthful and Honest

You agree that you will:

  • submit only true, correct, and accurate information to us when using the Website.
  • not misrepresent your affiliation with a school or school network, CSGF, CSGF’s funders, or any third party.
  • not commit fraud or falsify information in connection with your use of the Website or the Content.
  • not act maliciously against the interests or reputation of CSGF, its affiliates, its service providers, employees, its school networks or their students, or other Website visitors.
  • Protection of Intellectual Property Rights

You agree not to:

  • use the Website or its Content in a manner which infringes or misappropriates the intellectual property rights of CSGF or any third party.
  • modify, adapt, translate, copy, distribute, re-publish, transmit, broadcast, display, perform, reproduce, publish, reuse, sell, resell, license, create derivative works of, or transfer the Website or its Content in whole or in part.
  • create the false appearance that any program, person, or entity is associated with you, CSGF, the Website, or any third party.
  • corrupt, damage, or delete the Content.
  • Misuse of the Website or the Content

You agree not to use the Website or the Content:

  • in a manner that could harm any person or property.
  • to create a competitive product or service offering.
  • in a manner which does or has the potential to, in our sole opinion, damage or dilute the reputation of CSGF, CSGF’s funders, its affiliates, its service providers, employees, its school networks or their students, or other Website visitors, and the goodwill associated with CSGF’s name, symbols, logos, or other trademarks.
  • interfere with another’s use or enjoyment of the Website.
  • corrupt, damage, or delete the Content.
  • harass, annoy, intimidate, or threaten any person.
  • send chain letters, junk mail, or spam.
  • share any Personal Data without consent or authorization.
  • share confidential information of any third party.
  • access the Website for any reason other than your personal, non-commercial use, or on behalf of a school or school network.
  • use the Website for the solicitation of business in the course of trade or in connection with a commercial enterprise.
  • Interference with the Operation of the Website

You agree not to:

  • engage in activities that could render the Website inoperable, interfere with the Content or the functionality of the Website, or make use of the Website more difficult.
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, its Content, or the Website’s servers.
  • introduce any virus, Trojan horse, worm, or other malware which is harmful to the Website, its Content, or its server(s).
  • disrupt, interfere with, overburden, or otherwise harm or violate the security of the Website, system resources, servers or networks connected to or accessible through the Website.
  • attempt to gain unauthorized access to other computer systems from or through the Website.
  • deep link to the Website or access the Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, gather, retrieve, copy, or monitor any portion of the Website, its Content or any data.
  • use the Content in any large learning model or any Artificial Intelligence technology. 
  • attack the Website via a denial-of-service attack or distributed denial-of-service attack.

CSGF may suspend or terminate your ability to use the Website and its Content without notice in the event you violate these terms.

LINKS TO OTHER WEBSITES

We provide links to third-party websites from our Website as a convenience to our visitors. If you use these links, you will leave this Website. CSGF has not reviewed those third-party websites, does not control, and is not responsible for any of those websites or their content. CSGF does not endorse or make any representations about such third-party websites, or any information, software, content or other products or materials available on those third-party websites. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.

NO WARRANTIES; WARRANTY DISCLAIMERS

THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN “AS IS “ AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CSGF EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH REGARD TO THE WEBSTIE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGMENT AND WARRANTIES THAT MAY ARISE OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. 

CSGF MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THIS WEBSITE OR ITS CONTENT. CSGF DOES NOT WARRANT THAT ANY PART OF THE WEBSITE WILL BE UNITERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THESE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES OR MALWARE.

CSGF EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THE WEBSITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE OR THE CONTENT. CSGF WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, OR ANY VIRUSES, MALWARE, OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ITS CONTENT.

SOME STATES DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF WARRANTIES, SO THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.  THE FOREGOING PROVISION REGARDING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES DOES NOT APPLY TO NEW JERSEY RESIDENTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CSGF from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or related to your violation of these Terms, or your use of the Website or its Content.

LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES EXCLUSION

TO THE FULLEST EXTENT PERMITTED BY APPLCIABLE LAW, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, ITS CONTENT, USE OF ANALYTICS ON THE WEBSITE, OR THE SUBJECT MATTER OF THESE TERMS EXCEED $100.

IN NO EVENT SHALL CSGF, ITS AFFILIATES, LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, FUNDS, AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, OR PROFESSIONAL ADVISORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR ITS CONTENT, THE USE OF ANALYTICS TECHNOLOGY ON THE WEBSITE, OR THE SUBJECT MATTER OF THESE TERMS, EVEN IF CSGF IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING PROVISION REGARDING THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES DOES NOT APPLY TO NEW JERSEY RESIDENTS.

POSTS AND IDEAS SUBMITTED TO US

By sending CSGF any ideas, comments, suggestions, questions, or other material through the Website, email, or social media, you grant CSGF an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with CSGF’s operations. You also agree that CSGF is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

CAREER OPPORTUNITIES

You may use the Website to submit a job application to CSGF. You warrant that all information contained in your job application, any resume or other materials you submit to CSGF is current, accurate, and complete. Your submission of a job application, resume or other materials does not in any way require CSGF to review those materials or consider you for employment. Career opportunity descriptions on the Website are subject to change at our sole discretion without notice.  

FUNDING APPLICATIONS

You may submit applications for funding offered by CSGF through the Website. You warrant that all information contained in any funding application or other materials you submit to CSGF  is current, accurate, and complete. Your submission of a funding application or other materials does not in any way require CSGF to review those materials or consider you, your school, or school network for funding. Funding descriptions, applications, and programs are subject to change at our sole discretion and without notice.

DISPUTE RESOLUTION – GOOD FAITH NEGOTIATIONS

We always prefer to resolve disputes by negotiating in good faith. Either party may attempt to resolve a dispute by providing the other party written notice if it cannot be resolved in the ordinary course of business. The receiving party shall respond to the notice in writing within 15 days. Within 30 days after delivery of the notice, the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for claims subject to injunctive or other equitable relief.

GOVERNING LAW

Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, any disputes arising under these Terms shall be governed by the law of the State of Colorado, without reference to its choice of law principles. THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE, INCLUDING THE RESIDENTS OF NEW JERSEY.

CLAIMS OF COPYRIGHT INFRINGEMEMENT – DIGITAL MILLENIUM COPYRIGHT ACT

If you believe your material has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the 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 website are covered by a single notification, a representative list of such works at that website.
  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 us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement by the complaining party that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement should be directed to:

By Mail:

Charter School Growth Fund

1390 Lawrence Street, Suite 200

Denver, Colorado 80204

By Phone: (303) 217-8090

NOT INTENDED FOR INTERNATIONAL USE

This Website is administered by the CSGF based in Denver, Colorado, USA. CSGF makes no representation that materials on this Website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the content of this Website or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

ASSIGNMENT

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is null and void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and CSGF. These Terms inure to the benefit of CSGF’s successors and assigns.

SEVERABILITY

Except to the extent prohibited by the consumer privacy laws, if any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions remain valid and enforceable.

LIMITS ON TIME TO FILE A CLAIM

YOU MUST BRING ANY CLAIMS ARISING FROM THE TERMS, THE WEBSITE, THE CONTENT, OR OUR USE OF COOKIES OR OTHER TECHNOLOGY ON THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES OR  THE CLAIM WILL BE TIME BARRED.

SURVIVAL

Any provisions of these Terms that are intended to survive termination (including any provisions regarding limitation of liability, and dispute resolution) will continue in effect beyond any termination of these Terms, or of your access to or use of the Website or the Content.

NO WAIVER

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by CSGF.

ENTIRE AGREEMENT

These Terms are the entire agreement between you and CSGF with respect to your access to and use of the Website and the Content and the subject matter of these Terms.  This supersedes any prior discussions, understandings, negotiations, or agreements (whether written or oral) between the parties.

HOW TO CONTACT US

If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact us with questions or comments regarding these Terms by email at [email protected].