The Virginia Department of Education empowers educators and students across the Commonwealth by providing access to high-quality, openly licensed educational resources in a dynamic digital library. Through our open educational resource platform, we aim to foster a collaborative community where educators can create, share, and adapt instructional materials that align with Virginia’s Standards of Learning. Our goal is to equip educators with the resources they need to enhance innovative teaching and learning experiences for all Virginians.

The GoOpenVA.org system administrator can be contacted at info@GoOpenVA.org. 

Submission Policy 

Educational Materials
GoOpenVA.org Members with Registered User accounts are encouraged to contribute resources to GoOpenVA.org

With regard to any resource that you contribute to GoOpenVA.org you represent and warrant that you have the full legal right to post the resource and that use of the resource by us and all other persons and entities as set forth in its license will not (i) infringe the trademark, copyright, privacy, or publicity rights of any person or entity; (ii) violate any law, statute, ordinance, regulation, or agreement; or (iii) disclose any confidential or private information of any third party. If you are creating or contributing a resource to GoOpenVA.org, you must indicate the terms of use, such as an approved license, applicable to the resource.

Unless otherwise noted, the contents of this site are licensed under Creative Commons Licenses which allow for editing and re-sharing:  Public Domain (CC0); Attribution (CC BY); Attribution ShareAlike (CC BY-SA); Attribution-NonCommercial (CC BY-NC); Attribution-NonCommercial-ShareAlike (CC BY-NC-SA).

All content that is uploaded to GoOpenVA.org is scanned using a system put in place by ISKME and which screens for profanity or pornographic language. You will be notified if your uploaded material failed the scan. If you believe the language should be allowed in a specific instance, please request a review from the System Administrator at info@goopenva.org.

Adding Materials 

Using the below criteria created by our content specialists, registered users should review any open educational resources before content submission. If a resource fails to meet the required criteria, the resource may be deaccessioned by the GoOpenVA.org system administrator. 

Submission Criteria

Required
Educational Content 
Resource clearly supports learning in K-12 or professional learning contexts.
Resource presents a clear context of use for a specific educational audience. It is clear who would use this resource, and how this resource could be used to meet teaching or learning goals.
Resource presents clearly articulated learning goals or objectives. It is aligned to the current Virginia Standards of Learning for student achievement, professional development standards, or aligned with the Virginia Department of Education’s current initiatives.

Licensing/Usage Rights
The resource document clearly states licensing and/or usage rights.
The resource document clearly states that content is released under a creative commons license, is within the public domain, or that usage rights have been granted for non-commercial or educational use.

Access
Resource is openly accessible without creating an account or logging in.  
Resource is openly accessible in whole (i.e. not partial commercial “sample” content).

Suggested 
Resource does not require use of commercial software or services.
Resource is directly linked to facilitate ease of user access to specific teaching or learning (i.e. avoid links that direct users to indexes of resources). 
Applied STEM content has been created or updated within the last 3-5 years.
General content has been updated within the last 5-7 years. 
Software or browser applications required for use of the resource are supported in modern operating systems and browsers. 



User Content
“User Content” includes (besides Resources and Metadata) content that is not itself either a resource or resource metadata, for example in the form of comments, feedback, discussion thread responses, announcements, or other content for access, use, viewing, and downloading by us and by other users of GoOpenVA.org. 

When you post User Content, you represent and warrant that you have the full legal right to post the User Content and that use of the User Content by us and all other persons and entities will not (i) infringe the trademark, copyright, privacy, or publicity rights of any person or entity; (ii) violate any law, statute, ordinance, regulation, or agreement; or (iii) disclose any confidential or private information of any third party. 

Upon your submission of User Content, you grant us a fully-paid, royalty-free, worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content for the purposes of the promoting GoOpenVA.org.org and related open content services, all without any additional compensation to you whatsoever. 

Links
To Third Party Sites. GoOpenVA.org may link to third party sites that are not under the control of the VDOE. Links from GoOpenVa.org are provided as a convenience and for informational purposes only; they do not indicate endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. The VDOE has no control over and bears no responsibility for the accuracy, legality, or content of the externally linked sites. Privacy policies and practices for such linked sites may differ from our Privacy Policy and practices. You access and use such linked sites entirely and solely at your own risk. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such sites.

From Third Party Sites. If you present a link to any portion of GoOpenVA.org from any third-party site, you agree to present the link in a manner that does not convey the impression that the VDOE endorses, whether expressly or implicitly, any products, services, or opinions provided on your website.

Accessibility
The VDOE is committed to making GoOpenVA.org usable and accessible to the widest possible audience, regardless of technology or ability. While the VDOE strives to ensure the accessibility of GoOpenVA.org, you may find some limitations. Please report any problems to info@GoOpenVa.org.

Inappropriate Materials and Copyright Infringement
Date last updated: 11/26/2024

Identifying Problems with GoOpenVA.org Content
If you believe that a Register Use of GoOpenVA.org has:
violated your intellectual property rights;
uploaded content from a copyrighted resource; or
posted material which is demonstrably inappropriate
review the GoOpenVA.org Inappropriate Materials and Intellectual Property Rights Policy for how to proceed.

Removal of User Content or Resources
We make User Content and Resources (including resource metadata) available at our sole discretion and may disable access to any User Content or Resources at any time and for any reason. By using GoOpenVA.org, you acknowledge and agree that we do not guarantee access to and/or hosting of User Content or Resources that are published through GoOpenVA.org. For example, if a resource violates this Agreement, access to it may be disabled.  If you feel that a resource you posted was improperly removed, please contact info@goopenva.org to begin an appeal process.

If we receive notice that User Content or Resources posted to or through GoOpenVA.org may infringe the rights of thirds parties, including their intellectual property rights, we reserve the right (in our sole discretion) to disclose information about the poster of such material to those third parties, so that they can contact the poster directly regarding their concerns.

In compliance with the Digital Millennium Copyright Act (“DMCA”), GoOpenVA.org has designated a system administrator to receive notices regarding intellectual property infringement. The system administrator serves as a mediator only and does not assume any responsibility for inappropriate material or copyright infringement.  If it is believed a user of the GoOpenVA.org platform has inappropriate material or has infringed on intellectual property rights, contact the system administrator using the procedure outlined below.

Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents material or activity is infringing may be subject to liability for damages, including attorney's fees.

All material hosted by GoOpenVA must comply with current federal, state, and local laws, including, 
Federal Laws: 
Family Educational Rights and Privacy Act (FERPA) 
Children’s Online Privacy Protection Act (COPPA) 
Protection of Pupil Rights Amendment (PPRA) 
Individuals with Disabilities Education Act (IDEA) 
Rehabilitation Act: Section 504 
Children Internet Protection Act (CIPA) 

Code of Virginia: 
Acceptable Use Policy 
Students’ personally identifiable information
Broadband services for educational purposes 
Instructional technology resource teachers and technical support 
Integration of educational technology into instructional programs 
Professional development in the use of educational technology 

Definition of Inappropriate Material
Material may not:
Contain demonstrably incorrect information.
Contradict the established Virginia Standards of Learning.
Be obscene, profane, or contains slurs.
Promote violence, hatred, or intolerance.
Suggest the use of illegal substances or behaviors.
Be incomplete or intended for testing purposes.
Include the unsuitable use of commercial brand names, service offerings, or logos.

As a matter of course, all material that is uploaded to GoOpenVA.org is scanned using a system put in place by ISKME and which screens for profanity or pornographic language. Users are notified if their uploaded material failed the scan. If a user believes the language should be allowed in a specific instance, they can request a review from the system administrator at info@GoOpenVA.org  

Notice of Inappropriate Material or Copyright Infringement 
If a citizen of Virginia believes that material on or accessible through the GoOpenVA.org platform is inappropriate or infringes on third-party intellectual property rights, that individual can send a notice to info@GoOpenVA.org with the relevant information.

The notice should include: 
a rationale of how the material in question is inappropriate, using the definitions provided;
a precise URL and description of where the material residing on or accessible through GoOpenVA.org platform;
if a copyright infringement, a statement clarifying the use of the copyrighted work or other intellectual property which is not authorized by the rights owner, its agents, or the law; and
contact information, including your full name, city of residence, telephone number, and email address.

This notice may be provided in good faith, excluding the name and contact information of the complainant, to GoOpenVA staff beyond the system administrator. 

Material Review
Once proper notification of inappropriate material is received by the system administrator, it is GoOpenVA.org policy to disable access to the allegedly inappropriate material. The GoOpenVA.org system administrator will review the notice of inappropriate material and the information supplied by the complainant within a reasonable amount of time.  

If it is determined that the material is appropriate, the access will be restored to the material.  If it is determined that the material is inappropriate, the administrator of GoOpenVA will block access to or remove any material that in good faith meets the definition of inappropriate materials as noted above or have been found to violate copyright. Repeat infringers may be removed from the GoOpenVA.org platform.

Notice of Appeal
If the registered user whose material has been removed or disabled believes that the material is appropriate and meets copyright rules, the registered user may send a notice of appeal to info@GoOpenVA.org .

A notice of appeal should include: 
identification of the material that has been removed or disabled, including a description of where the material in question appeared on GoOpenVA.org before it was removed 
a justification of inclusion of the material as relates to the Submission Policy, 
if an alleged copyright infringement, a statement by the copyright holder that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which GoOpenVA.org is located, and that you will accept service of process from the person who provided notification of the alleged infringement; and
contact information, including your full name, city of residence, telephone number, and email address.

GoOpenVA.org Advisory Committee
An appeal will be reviewed within a reasonable time by the GoOpenVA.org Advisory Committee which will include one VDOE employee, the GoOpenVA.org system administrator, an Open Educational Resource expert, a coordinator of the content area standard of learning, and one active GoOpenVA.org registered user. If the material is deemed to be inappropriate or a violation of copyright by the committee, the material will continue to be blocked and the owner will be notified of the decision. If the material is deemed appropriate, access to the material will be restored and both the complainant and the content owner will be notified of the decision.


Terms of Use Agreement

The GoOpenVA.org website that serves as a digital repository and collaborative network owned and operated by the Virginia Department of Education (VDOE), with offices at 101 N. 14th Street, Richmond, VA 23219, in its partnership with the Department of Education’s #GoOpen initiative. This Terms of Use Agreement (this “Agreement”) describes the terms according to which you may legally use the GoOpenVA.org website, and the content contained there (“GoOpenVA.org”).

By your use of this site, you agree to be bound by the terms and conditions of this Agreement, including any policies and procedures incorporated by reference, including this Terms of Use Agreement and our Privacy Policy, below.

You also represent and warrant that you have the legal authority to accept the Agreement. If you do not agree to all of the terms in this Agreement, you are not authorized to use or access the GoOpenVA.org website.

Disclaimer
GoOpenVA.org is an initiative of the Virginia Department of Education supported through a partnership with other educational entities around the state. The GoOpenVA.org site is not an endorsement of Open Educational Resources over other sources of educational materials. School divisions are not mandated or required to utilize any particular type of educational material. The GoOpenVA.org site is a resource that is voluntary to utilize and exists only to assist school divisions that are interested in learning about, developing, or gaining access to Open Educational Resources. 

Indemnification
You agree to defend, indemnify, and hold the VDOE harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of the GoOpenVA.org Platform. We reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Definitions of Parties
Registered User: Educators in Virginia are eligible for registered accounts on GoOpenVA.org which allows them to not only read and download materials from the site but allows them to contribute materials and comments and participate in discussions.

Read-only User: GoOpenVA.org is a member of the #GoOpen network of OER repositories around the country which are committed to sharing educational materials among states.  The site is open to these users and others for read-only and download privileges. 

The Virginia Department of Education (VDOE):  Owner and operator for GoOpenVA.org which is a platform designed for collaboration and sharing among Virginia educators.  Content located on the site, besides the usual information about the site and operations, and certain specific resources developed by Virginia Department of Education employees and/or partnerships, is not owned by the Department of Education.  However, all content posted by Registered Users must abide by the rules and requirements set down in the Terms of Use.

ISKME: The Institute for the Study of Knowledge Management in Education has developed the OERCommons.org web site for the promotion of OER and is working with several states around the nation to create a #GoOpen network of shared OER. VDOE contracted with ISKME to create and host the GoOpenVA.org site which includes the organizational features and certain security processes.

Changes and Modifications
We may change or amend this Agreement from time to time. If we make material changes, we will endeavor to notify you that our terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the GoOpenVA.org website after the date such change(s) become effective will constitute your consent to the changed terms. If you do not agree to the change(s), you must immediately stop using the GoOpenVA.org website; otherwise, the new terms will apply to you.

As long as you comply with this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the GoOpenVA.org website as it is intended to be accessed and used, and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Code of Conduct
GoOpenVA is committed to hosting free and open educational resources to support Virginia Standards of Learning throughout the Commonwealth of Virginia. GoOpenVA strives to be safe and collaborative space that allows educators to share resources with one another. It is therefore expected that participants help to create thoughtful and respectful learning environments where that interaction can take place free of discrimination and/or hatred.
This Code of Conduct applies to all interactions, events, working groups, and other activities that are organized within the GoOpenVA site.

Users will:
Follow the policy: Use the GoOpenVA policy as a guide for best practices. 
Respect others: Treat all users with respect and dignity.
Contribute positively: Share your ideas, lessons, resources in a constructive and positive manner.
Give proper attribution: Acknowledge the author of any original resource, information, or idea by providing proper citation.
Use appropriate language: Use language that is positive and in no way, harmful, derogatory, or defamatory.
Follow copyright laws: Respect intellectual property rights and use any material appropriately.
Refrain from delivering Spam or try to solicit users for promotion of a product or service.  
Please note that GoOpenVA reserves the right to terminate any users if any or all these requirements are violated. If it is determined that a user is involved in spam activity or otherwise in violation of your site’s terms of use, that user account may be deactivated by GoOpenVA.

Adults Only 
The GoOpenVA.org website is intended for adults only. You must be 18 years of age or older to become a Registered User on the GoOpenVA.org website. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly solicit, nor will we accept, personally identifiable information from users of the GoOpenVA.org website known to be under 13 years of age. Please see our privacy policy for additional information, including information regarding how to notify us of any concerns you may have in this regard.

Prohibited Actions
You agree not to, and will not assist, encourage, or enable others to:
Use GoOpenVA.org to harass, threaten, impersonate, or intimidate anyone.
Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or that is racially, ethnically, or otherwise objectionable, or any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates an individual’s publicity or privacy rights.
Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation, or any worms or viruses or any code of a destructive nature.
Reverse engineer any portion of the GoOpenVA.org website.
Use any robot, spider, site search/retrieval application, or other automated device, process, or means not provided by the VDOE to access, retrieve, scrape, or index any portion of GoOpenVA.org.
Record, process, or mine information about other users or about GoOpenVA.org.
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology or otherwise make excessive traffic demands on GoOpenVA.org.
Interfere with the proper working of GoOpenVA.org, circumvent or otherwise interfere with any security-related features of GoOpenVA.org, or attempt to gain unauthorized access to GoOpenVA.org, registered user accounts, or any computers/networks associated with GoOpenVA.org through hacking, password mining, or any other means.
Use the GoOpenVA.org for any illegal or unauthorized purpose. You agree to comply with all applicable laws, including the laws of your local jurisdiction, regarding online conduct and acceptable content (including but not limited to intellectual property laws).

Your Account
If you create an individual Registered User account, you must accurately provide us with all requested information. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your Registered User account. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security.

For Registered User accounts created through your division administrator, the division accepts appropriate system responsibility for maintaining confidentiality and security of your account while you are an employee of that division.

Violation of this Agreement – Termination
Your right to access and use GoOpenVA.org terminates automatically upon your breach of any of the terms of this Agreement. You agree that we may, in our sole discretion and without prior notice to you, terminate your access to GoOpenVA.org and/or block your future access to the GoOpenVA.org for any reason, including if we determine that you have violated this Agreement. Please note that it is our policy to terminate the accounts of Registered Users who repeatedly violate the copyrights, trademark rights, or other rights of third parties.

If we take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that we will not be liable to you or to any third party for termination of your access to GoOpenVA.org. The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE GoOpenVA.org PLATFORM IS AT YOUR SOLE RISK. THE GoOpenVA.org PLATFORM, AND ANY GOOD OR SERVICE DOWNLOADED OR USED THROUGH OR IN CONNECTION WITH THE GoOpenVA.org PLATFORM, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE MAKE NO WARRANTY THAT (a) THE GoOpenVA.org PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE GoOpenVA.org PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) CONTENT AND MATERIAL WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, DOWNLOADED OR OBTAINED BY YOU THROUGH THE GoOpenVA.org PLATFORM, WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE GoOpenVA.org PLATFORM OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED ON OR THROUGH THE GoOpenVA.org PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU EITHER FROM US OR THROUGH THE GoOpenVA.org PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT WE MAY MAKE TO THE GoOpenVA.org PLATFORM; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE GoOpenVA.org PLATFORM; (c) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR DATA (INCLUDING WITHOUT LIMITATION USER CONTENT, EDUCATIONAL MATERIAL, AND METADATA) MAINTAINED THROUGH THE GoOpenVA.org PLATFORM; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR REGISTERED USER ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER CONTENT, EDUCATIONAL MATERIAL, AND/OR METADATA, OR FOR THE INFRINGING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

General Terms
Entire Agreement. These Terms of Use contain the entire agreement between you and the VDOE regarding the use of the GoOpenVA.org Platform and supersede any prior agreement between you and the VDOE on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use. 

Governing Law. Virginia law will govern this Agreement – as well as any claim, cause of action, or dispute that might arise between us concerning the GoOpenVA.org Platform, content appearing thereon, or any other matter – without regard to conflict of law provisions. For any claim brought by either party relating to or not governed by the arbitration provision of these Terms of Use, the parties agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Richmond, Virginia.

Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, or your use of the GoOpenVA.org Platform shall be settled by confidential binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Richmond, Virginia. The arbitration shall be governed by the laws of the State of Virginia. The award of the arbitrators shall be accompanied by a reasoned opinion. The prevailing party shall be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion(s) of the Agreement is held to be invalid or unenforceable, such provision(s) shall be stricken and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy, including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. We may assign or delegate all rights and obligations under the Agreement, fully or partially.

Notices. We may provide you with notices, including those regarding changes to the Agreement, by email, by regular mail, or by postings to GoOpenVA.org. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at info@goopenva.org.


Privacy Policy

The Institute for the Study of Knowledge Management in Education (“ISKME”) collects limited personally identifiable information (“PII”) and non-personally identifiable information in connection with your use of the goopenva.org website and those OER Commons goods or services of ISKME that interact with it, including our API and mobile application (collectively, the “GoOpenVA.org Platform”). Please read this Privacy Policy carefully to obtain a clear understanding of how we collect, use, protect, and otherwise handle your PII and non-personally identifiable information. We share your PII only with your consent or as described in this policy. If you do not agree to any part of this policy, please do not access the GoOpenVA.org Platform or provide us with your PII; by using our GoOpenVA.org Platform, you consent to the practices described in this policy. ISKME reserves the right to change this Privacy Policy and will provide notice prior to doing so. If you have comments, suggestions, questions, or concerns regarding our privacy policy, please contact us at info@goopenva.org for fastest processing, please include the phrase “Privacy Policy” in the subject line and in the body of your message.

Scope
This Privacy Policy covers the treatment of PII and non-personally identifiable information that we obtain when you interact with the GoOpenVA.org Platform. If you have participated in or used the GoOpenVA.org Platform (for example, through contributing materials to the GoOpenVA.org Platform, adding comments, or creating a group), you will have provided PII and non-personally identifiable information to ISKME. PII means individually identifiable information about an individual user collected online by ISKME from that individual and maintained by ISKME in an accessible form, including your first name, last name, and email address. Information that we use internally to identify you as a user or Registered User of the GoOpenVA.org Platform (e.g., your User ID) is not considered PII.

This policy does not cover the privacy practices of third parties, such as the practices of third-party social networking services, or our partners and/or advertisers. In addition, our service may contain links to the websites or services of third parties. Such third-party services and websites operate independently of our GoOpenVA.org Platform and each has its own privacy and security practices. We encourage you to review their policies before submitting any information to them.

Consent to Collection & Processing in The United States
Our technology infrastructure is based in the United States. Accordingly, by using the GoOpenVA.org Platform, you consent to having your information, including PII, transferred to and processed in the United States.

How We Collect Information
When you create a Registered User account, we require that you provide your name and email address.

You may also choose to provide us with optional profile information, such as your country and state of residence, website URL, social media account information, and the like. You are not required to provide us with this optional information to use the GoOpenVA.org Platform.

When you request assistance through or regarding the GoOpenVA.org Platform, you may also provide us with additional information. For example, if you email us requesting a callback, you will provide us with your telephone number.

From time to time, we may contact you regarding a voluntary survey, to help us better tailor the GoOpenVA.org Platform to the needs of our users. Such surveys may ask for additional PII or other information from you.

Other Information We Collect
Log Files & Analytics. Similar to many websites and internet services, we gather certain information automatically and store it in web server log files. This information includes your web request, Internet Protocol (“IP”) address information, unique device identifier (e.g., UDID, etc.), browser type, referring /exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, web beacons, page activity, and other such information. We may analyze such data using our own analytics, Google Analytics, or other similar third-party services. To learn more about how Google Analytics collects and uses your data when you use this site, and how you can control the information sent to Google Analytics, please review https://google.com/policies/privacy/partners. We use these log files and analytics to improve and administer the GoOpenVA.org Platform, to analyze trends, and to gather information about our user base.

Cookies
When you visit our website or use any part of our GoOpenVA.org Platform, one or more cookies may be sent to your computer. A cookie is a small text file containing a string of alphanumeric characters used to uniquely identify your browser, to help you log in faster, and to enhance your navigation through a website. A cookie may also convey information to ISKME about how you use our GoOpenVA.org Platform (e.g., the pages you view, the links you click and other actions you take, etc.), and allow ISKME to track your usage of our GoOpenVA.org Platform over time. We use both session cookies and persistent cookies. A session cookie is temporary and disappears after you close your browser. A persistent cookie remains on your hard drive after you close your browser, to facilitate subsequent visits to our service. Both session cookies and persistent cookies can be removed in the security or privacy settings of your web browser. You can set your web browser to refuse all cookies or to indicate when a cookie is being sent, however, some features of our GoOpenVA.org Platform may not function properly if cookies are disabled.

Do Not Track (DNT)
Because there is disagreement within the privacy industry about how to interpret the DNT setting, the GoOpenVA.org Platform does not currently respond to DNT settings in web browsers.

Information Concerning Children
As explained further in our Terms of Use, you must be 18 years of age or older – or, if you are under the age of majority in your jurisdiction, have the consent of your parent or legal guardian – to use the GoOpenVA.org Platform. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), we will never knowingly solicit or collect PII from those known to be under thirteen (13) years of age. If you believe that we have information from or about anyone under thirteen (13) years of age, please notify us by email at info@goopenva.org for fastest processing, please include the phrase “COPPA Concern” in the subject line and in the body of your message.

Removing or Correcting Your Information
Via the GoOpenVA.org Platform. As a Registered User of our GoOpenVA.org Platform, you can login with your email address and password to view and change your personal information.

Contact Us. You may contact ISKME at any time, by emailing the support desk at info@goopenva.org, to request that your PII be removed from the GoOpenVA.org Platform, or to request that your Registered User account be permanently deleted; for fastest processing, please include the phrase “PII Request” in the subject line and in the body of your message.

How we Use Information
To Provide You with the GoOpenVA.org Platform
We use your information for the purpose of providing you with the GoOpenVA.org Platform.

In Our Communications with You
We use email and/or prominent notifications on our website as a primary means of informing our users of important GoOpenVA.org Platform and promotional announcements.

GoOpenVA.org Platform-Related Announcements
When you register to become a Registered User of the GoOpenVA.org Platform, we use the email address provided during account creation (or any other email address you may specify within your Registered User account) to deliver important GoOpenVA.org Platform-related announcements to you. Examples of GoOpenVA.org Platform-related announcements include email verification during registration, requests for password reset, important security or server maintenance updates, upgrades, and new releases or policy changes. These GoOpenVA.org Platform-related announcements are considered a fundamental part of the GoOpenVA.org Platform; Registered Users cannot opt out of these email announcements.

Informational Announcements
In order to improve the experience for our Registered Users, we may send updates from time to time. These communications are enhancements to our GoOpenVA.org Platform and are entirely optional. We make it easy for you to unsubscribe from these communications via a link in the footer of each such email you receive. If you are a Registered User of the GoOpenVA.org Platform, you can also see and modify your email preferences at https://goopenva.org/profile/preferences.

On Our Website
We may use the information we collect to calculate and publish anonymous, non-personal, aggregate statistics that we believe our user base is interested in viewing. We publish this data in aggregate form only, and do not publish any PII in connection with this use.

For Internal Reporting and Analysis
As noted above, we use information gathered from log files, cookies, and the like to improve the GoOpenVA.org Platform, analyze trends, administer the site, track the movements of users around the site, and gather aggregate information about our customers as a whole.

Google Drive
If you choose to do so, you may import content to and/or export content from the GoOpenVA.org Platform via your Google Drive account. You must authorize read access for your Google Drive to import content from Google Drive; you must authorize write access to export content from the GoOpenVA.org Platform to your Google Drive. With the exception of content that you import to and/or export from the GoOpenVA.org Platform, ISKME does not gain any additional information about you from Google by virtue of your use of these features.

Disclosure of Information to Others
Our Commitment to Your Privacy
We are committed to handling responsibly the information and data we collect. We share your information, including your PII, for the purpose of providing you with the GoOpenVA.org Platform, and only as described in this policy or with your express consent.

Sharing, Renting, & Selling Information We Collect
Except as provided herein, we will neither rent nor sell your PII to any other third party not under our common ownership or common corporate control. We may share aggregate information about our user base with partners, and we may publish these aggregate usage statistics on our website for the interest of our users.

Services to Which We Provide Links via GoOpenVA.org 
In some cases, we allow you to access or link to other web services through our GoOpenVA.org Platform. For example, we allow you to follow us on Twitter via a link contained in the GoOpenVA.org Platform. In such cases, those services may choose to collect your personal information as they deem appropriate. As noted above, we are neither responsible for nor in control of how third parties collect, use, or disclose information obtained through these linked services. We encourage you to be aware when using these third-party services and to review their policies before submitting any personal information to them.

Third-Party Service Providers
We use other companies, agents, and/or contractors to perform services on our behalf or to assist us with providing the GoOpenVA.org Platform to you. For example, we may engage such service providers to provide marketing, communications, provide website hosting infrastructure and IT services, personalize and optimize the GoOpenVA.org Platform, provide customer service, and/or analyze and enhance data. In the course of providing such services to us, these other companies may have access to your information. We do not authorize these companies to use or disclose your PII, except in connection with providing the services we request from them.

Legal and Related disclosures
We reserve the right to disclose your information, including your PII, when we have a good faith belief that access, use, preservation, or disclosure of such information is necessary to (a) comply with any law, regulation, legal process, or enforceable governmental request; (b) enforce our terms of use, including investigation of potential violations of our terms of use; (c) detect, prevent, or otherwise address fraud, security, or technical issues; or (d) protect against harm to our rights, property, or safety, or those of our employees, users, or the public, as required or permitted by law.

Infringing User Content
If we receive notice that User Content you have posted to or through the GoOpenVA.org Platform may infringe the rights of thirds parties, including their intellectual property rights, we reserve the right (in our sole discretion) to disclose information, including PII, about you to those third parties, so that they can contact you directly regarding their concern.

Acquisition
If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, including bankruptcy, our assets, including Registered User account information and PII, may be transferred to a third party. At that time, your information may become subject to that third-party’s privacy policy.

Concerns
If you have a privacy concern with regard to students, please contact the ISKME support team via this email address: info@goopenva.org for fastest processing, please include the phrase “Student Concern” in the subject line and in the body of your message.

Security
The accounts of Registered Users are password protected. Please do not share your password with anyone and remember to change your password from time to time, to help keep your account secure. Also, remember to sign off your account and close your browser window when you have finished your visit to the GoOpenVA.org Platform. This is to help ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a school computer lab, a library, or a cafe with an internet connection.

Unfortunately, no data transmission over the internet and no data storage can be 100% secure. Consequently, while we will use reasonable efforts to safeguard your information against unauthorized access and disclosure, we do not warrant or guarantee the security of any information you transmit.

Both we and our partners maintain standard physical and electronic procedural safeguards that limit access to your PII and other data to employees (or people working on our behalf and pursuant to confidentiality obligations) who, through the course of standard business activities or provision of the GoOpenVA.org Platform, need to access your PII or other data.

Your Personal Choices
Accessing and Editing Your Personal Information
As noted above, Registered Users may view, edit, and/or delete certain information they have submitted to the GoOpenVA.org Platform; that information is available for editing via the link https://www.goopenva.org/profile/edit.

Editing / Deleting Your Account
You may contact GoOpenVA.org at any time, by emailing the support desk at info@goopenva.org, to request that your PII be removed from the GoOpenVA.org Platform, or to request that your Registered User account be permanently deleted; for fastest processing, please include the phrase “PII Request” in the subject line and in the body of your message.

Updates to Our Privacy Policy
From time to time, we review and may make changes to our privacy policy. If we make material changes to the policy, we will notify you that the policy has changed either by emailing you or by placing a notice on our website. The most recent version of our privacy policy is always available from a link on our homepage at https://www.goopenva.org/privacy.

If you have any questions regarding our Privacy Policy, please contact us at: 
GoOpenVA.org
P.O. Box 2120
Richmond, VA  23218
Email: info@goopenva.org