Terms and Conditions

1.1 The Curriculum consists of Everyday Practices which include Harmony Goals, Buddy Up, and Meet Up, and five units – (a) Building Community Unit; (b) Unit 1: Being My Best Self; (c) Unit 2: Valuing Each Other; (d) Unit 3: Communicating with Each Other; and (e) Learning From Each Other.

1.2 Harmony Academy also includes Harmony Professional Learning. These include digital resources through on-demand modules, live online trainings, webinars, on-demand training videos, resource PDFs, and any other online materials accessible through the www.mylearningportal.org website. 

1.3 The Harmony Academy also includes online materials which can be accessed on Mylearningportal.org via the activation key provided by Harmony Academy herein. These include teaching and implementation information, resource PDFs, videos, and any other online materials accessible through the activation key (individually and collectively, “the Harmony Curriculum™ Online Materials”). The Harmony Curriculum™ Online Materials are included in the term “Harmony Program.”

2.1 Grant of use. Subject to the Terms and Conditions of this Agreement and payment in full of all applicable fees and costs (“License Fees”), Harmony Academy hereby grants to Licensee a nonexclusive, nontransferable (except as provided below) license to do the following (the “License”): (a) use, perform, and display the Harmony Academy solely for internal use by Licensee at one school, program or facility of Licensee or at which Licensee is employed (the “Location”); (b) access available to Harmony Curriculum™ Online Materials, subject to the Terms and Conditions of Harmony Academy Terms of Use and Privacy Policy, both of which can be found at ; (c) reproduce materials from mylearningportal.org and the Harmony Materials Notebooks included in the Harmony Program solely for internal use by the proprietors or administrators at the Location (e.g., employees, program or site administrators, staff, facilitators) (“Harmony Academy Licensees”) and the children, or clients (all, including their parents) that use the Harmony Academy at the Location (the “Harmony Program Location”); and (d) make materials from the Harmony Program and the Online Materials available on the internal servers or network of the Location (but not on any external Web sites, networks, or servers), solely for access and internal use by Organizational Licensees of the Location.

2.2 Eligibility and Online Materials; Consent to Electronic Communications. (a) Organizational Licensees must be at least 18 years of age to access or use the Harmony Curriculum™ Online Materials. By using the Harmony Curriculum™ Online Materials, you represent and warrant that you (1) are 18 years of age or older; (2) have not engaged in any activity that has or could result in your being prohibited from accessing the Online Materials; and (3) are not barred from receiving or using the Harmony Curriculum™ Online Materials under the laws of the United States or any other applicable jurisdiction. (b) This Agreement also governs any updates or upgrades that supplement or replace the Harmony Curriculum™ Online Materials. (c) Harmony Academy may be required by law to send communications to you that pertain to your use of the Harmony Academy™ Online Materials. You consent to receive these communications electronically (e.g., via email, through the Harmony Academy websites, or via the Harmony Curriculum™ Online Materials) in accordance with our Privacy Policy, found at mylearningportal.org/privacy-policy-2/.

2.3 Exclusions/Limitations. All rights not expressly granted above are expressly reserved to Harmony Academy. Without limiting the generality of the foregoing: (a) No Use Outside the Location: Licensee will not display, perform, distribute, or otherwise share or make available in any manner any portion of the Harmony Curriculum™ to, for, or with any person or entity who is not an Organizational Licensee or Organizational Program Location covered under this License. (b) No Reproduction/Distribution of Lessons or Activities: Except as permitted in Section 2.1, the Licensee will not digitize print portions or reproduce or distribute any portion of the Harmony Program in any manner (including placing on internal servers). Licensee will not translate, adapt, or incorporate any portion of the Harmony Program into another product or program without written permission from Harmony SEL. (c) No Publication/Reproduction on the Internet: Licensee will not publish or reproduce any part of the Harmony Program on the Internet or any external Web sites, networks, or servers; and (d) No Obscuring of Proprietary Notices: Licensee will not obscure any copyright, trademark, or other proprietary notice, or other legends or notices appearing on any part of the Harmony Program, and will ensure that any reproductions will contain the same notices and legends as appear on National University Harmony Academy |Harmony Curriculum™  the copies provided by Harmony Academy or as you may be otherwise instructed by Harmony Academy from time to time. Licensee will not otherwise use the National University Harmony Academy without written permission from Harmony Academy.

All right, title and interest in and to the Harmony Program and all copies thereof, including without limitation all copyrights, patents, patent rights, trademarks, trade secrets, and other intellectual property and proprietary rights therein, are and will remain the sole and exclusive property of Harmony Academy. The Harmony Program is licensed, not sold, and no title to the Harmony Program or any copy thereof is transferred to Licensee by this License. The Harmony Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

4.1 Harmony Academy represents and warrants to Licensee that for a period of one year from the date of this Agreement, the media and materials upon which the Harmony Program are recorded or printed shall be free from defects in materials and workmanship. Harmony Academy’s entire liability and your exclusive remedy for any breach of warranty shall be repair or replacement of such defective media or materials or, at Harmony Academy’s option, a refund of the License Fee paid for the defective portion of the Harmony Program upon the return thereof by Licensee.

4.2 EXCEPT EXPRESSLY PROVIDED HEREIN, THE HARMONY PROGRAM IS PROVIDED “AS IS” AND HARMONY ACADEMY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.3 LICENSEE FURTHER ACKNOWLEDGES THAT THE ONLINE MATERIALS INCLUDED IN THE HARMONY PROGRAM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND HARMONY ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE ONLINE MATERIALS OR THE USE THEREOF OR OF ANY INFORMATION, TOOLS, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM OR RELATED TO THE ONLINE MATERIALS WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, OR ERRORFREE, OR WILL BE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.

 4.4 HARMONY ACADEMY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE HARMONY PROGRAM OR THIS AGREEMENT EVEN IF HARMONY ACADEMY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HARMONY ACADEMY’S TOTAL LIABILITY TO LICENSEE OR ANY OTHER PARTY FOR ANY AND ALL CLAIMS RELATING TO OR ARISING UNDER THIS AGREEMENT, THE HARMONY AT HOME ORGANIZATIONAL PROGRAM, EXCEED THE LICENSE FEE ACTUALLY PAID BY LICENSEE TO HARMONY ACADEMY FOR THE HARMONY PROGRAM.

5.1 Termination of Agreement/Survival. In the event of a material breach of this Agreement by Licensee, Harmony Academy may terminate the License upon ten (10) days’ notice if the breach is not cured within such ten-day period. Upon termination for any reason, Licensee shall cease all use of Harmony Academy and shall promptly return all copies of such Organizational Program to Harmony Academy. Sections 3, 4, 5 and 6 of this Agreement will survive termination or expiration of the Term.

5.2 Termination of Access to Online Materials. Harmony Academy may, in its sole discretion and without liability to you or any third party, suspend or terminate your access to the Harmony Curriculum™ Online Materials through mylearningportal.org without prior notice for any reason or no reason. Termination under this Section shall not relieve Licensee of its obligations under this Agreement. Harmony Academy also reserves the right to change content of the Online Materials at any time without notice.

This Agreement will be interpreted, construed, and enforced in accordance with the laws of the State of California, without reference to its choice of law rules. Licensee hereby irrevocably consents to the jurisdiction of the courts of the State of California with venue in San Diego County. This Agreement constitutes the entire agreement and supersedes any and all prior agreements of Harmony Academy and Licensee relating to the subject matter hereof. The failure of Harmony Academy to insist upon or enforce strict performance of any other provisions of this Agreement or to exercise any of its right or remedies under this Agreement will not be construed as a waiver or a relinquishment to any extent of Harmony Academy’s rights to assert or rely on any such provision, right or remedy in that or any instance. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.