Terms of use

Welcome to ncld.org (the “Site”) which is owned and operated by The National Center for Learning Disabilities, Inc. (“NCLD”, “we” or “us”). By using the Site you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before using the Site. If you do not accept these Terms of Use, then you may not use the Site. These Terms of Use are subject to change by us at any time, effective when posted on the Site. Your continued use after such notice will constitute acceptance by you of such changes.

REPRINT POLICY

NCLD is pleased to grant access to original materials to organizations and professionals for the purpose of helping parents and educators who support children, adolescents, and adults with learning disabilities. We also welcome opportunities to provide high-quality materials for media purposes and to those who engage in policy and advocacy activities in support of the LD community.

Please note that there are articles on NCLD’s websites for which NCLD has permission to publish, but for which it does not hold copyright. As these articles are not NCLD’s property, we are unable to grant reprint permission for their use. Be aware that reprinting articles from NCLD’s websites without permission is a violation of copyright law and could be subject to legal action by NCLD and/or other organizations or individuals who hold the copyrights.

Permission for Linking to our Articles
If you would like to reference an NCLD article on your website or in your email newsletter, you are welcome to include a link directly to the article, publication, or worksheet from the NCLD website. No formal permission is required.

Permission for Reproducing Articles Online
If you wish to inquire about permission to post one of NCLD’s articles on another website, please contact help@ncld.org. Please fill out and email us a completed Reprint Permission Request Form. We typically charge a license fee to republish an article online; fees may be reduced or waived for nonprofit organizations.

Permission for Reproducing Articles for Print Publications
NCLD welcomes requests for reprints of original NCLD content in newsletters, magazines, books, flyers, etc. Please fill out and email us a completed Reprint Permission Request Form. We typically charge a license fee to publish NCLD content in printed publications. Please contact help@ncld.org to inquire about licensing fees; fees may be reduced or waived for nonprofit organizations.

Please note the following guidelines:
Articles or excerpts must be reprinted in their entirety with no copy changes.
Articles must include NCLD’s byline under the article title. Byline information includes the author’s name (as posted on our website) and the name of our organization. For example, “By Dr. Sheldon Horowitz, National Center for Learning Disabilities.” If no author is noted, please use the following generic byline: “Provided by the National Center for Learning Disabilities.”

Articles must be credited with the following copyright statement at the bottom of each article: “© [Please Insert Year Listed in Article] National Center for Learning Disabilities, Inc. All rights reserved. Reprinted with permission. For more information, visit NCLD.org.”

Permission for Photocopying Articles
NCLD is pleased to allow you to the download and reproduce articles bearing NCLD’s copyright. For the best-quality reprint, use the “print” feature that is available on the article page.

Download the permission form here.

Mail a hardcopy to:
The National Center for Learning Disabilities
c/o Jamille White 
P.O. Box 34056 
Washington, DC 20043

Email a copy to jwhite@ncld.org

USE OF THE SITE

You may use this Site only subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You may not use this Site for commercial purposes, such as to promote a product or service, without our prior written consent.

ACCEPTABLE USE

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use or disrupt the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site or circumventing security or user authentication measures. You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page. You may not resell use of, or access to, the Site to any third party.

CONTENT

Users may be able to post content in certain areas on the Site, such as in connection with chats and in the comments sections for certain articles. You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Site (“Content”). You represent and warrant that: (i) you own the Content posted by you on the Site or otherwise have the right to grant the license rights granted in these Terms of Use; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Content on the Site does not result in a breach of any contract between you and a third party.

We do not guarantee the accuracy, completeness or usefulness of any Content. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such content.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content posted by you. We expressly reserve the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Site if we determine, in our sole discretion, that you pose a threat to the Site and/or its users.

After posting your Content to the Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By supplying Content to any area of the Site, you automatically grant to us for purposes of maintaining the Site, making Content available, and you represent and warrant that you have the right to grant an irrevocable, transferable, sublicenseable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such Content. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content.

The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Site. Prohibited Content includes, but is not limited to Content that:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 21;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
12. solicits passwords from other users or personal identifying information for commercial or unlawful purposes from other users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
14. includes a photograph or video footage of another person that you have posted without that person’s consent or other third party content including but not limited to music, trademarks, logos, artwork or any other copyrighted, trademarked, or proprietary third party content that you have not secured permission to include on the Site.

NO CONTENT MONITORING

We are under no obligation to screen or monitor Content, but may review Content from time to time at our sole discretion to review compliance with these Terms of Use. We will make all determinations as to what Content is appropriate in our sole discretion. We may include, edit or remove any Content at any time without notice. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem objectionable. Such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

TERMINATION OF ACCESS

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate all or a portion of your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

PRIVACY

The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy at http://www.ncld.org/privacy-policy.

LINKS

This Service may contain links to other web sites not maintained by us (including without limitation Facebook, Twitter and other social media platforms). We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. The existence of a link between this Site and any other website is not and shall not be understood to be an endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website. You agree that we shall not be liable to you or anyone else for any type of loss or damages, regardless of whether based on contract, negligence, intentional wrongdoing, or liability without fault for any costs, losses, or damages (whether direct, indirect, compensatory, special, lost profits, liquidated, consequential, or punitive) arising out of or in any way in connection with your access to or use of any such third party site.

OUR PROPRIETARY RIGHTS

We or our licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by NCLD.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

We are committed to complying with copyright and related laws, and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed
below.

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our designated agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail:
National Center for Learning Disabilities
P.O. Box 34056
Washington, DC 20043
Attn: Jamille White

By E-Mail:
ncld@ncld.org
Subject line: DMCA

NO WARRANTIES

THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT MADE AVAILABLE THROUGH THE SITE. THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT WE SHALL NOT BE BOUND BY ANY SUCH ERRORS. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold harmless NCLD, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any breach by you of any of these Terms of Use.

DISPUTES; GOVERNING LAW

YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THE SITE OR THESE TERMS OF USE. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK COUNTY IN THE STATE OF NEW YORK.

THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THESE TERMS OF USE. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE TERMS OF USE AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE TERMS OF USE, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK.

ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE SITE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU. EACH CLAIM SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.

SEVERABILITY

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

INTERNATIONAL ACCESS

Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A. CONTACT INFORMATION. Should you have any questions, you may contact us at info@ncld.org.

EFFECTIVE DATE

These Terms of Use were last updated on June 23, 2020