In addition to these Terms on this Site, some Sites may have supplementary terms and conditions which apply to those Sites (“Site-Specific Terms”). Please ensure that you read any Site-Specific Terms as they form part of these Terms. To the extent that the Site-Specific Terms conflict with these Terms, the Site-Specific Terms shall prevail.
Your Consent to Other Agreements
Ownership of The Site and Its Content
The Site, including all its Content is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Edmentum Companies, or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on the Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Site. Except as otherwise expressly provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use the Site and to display, download, or print portions of the Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
To request permission to reuse or republish material copyrighted by Edmentum Companies, please contact us. We cannot grant permission to reuse or republish material from other information providers.
Edmentum Companies’ names and logos, all product and service names, all graphics, all button icons, avatars, and all trademarks, service marks and logos appearing within the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Edmentum Companies (the “Edmentum Marks”). All third-party trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Site are the property of their respective owners. You are not authorized to display or use the Edmentum Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of third-party owners featured within the Site without the prior written permission of such owners. The use or misuse of the Edmentum Marks or third-party trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
is harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, racially disparaging, misleading, fraudulent, or invasive of another’s privacy;
constitutes or encourages activity illegal under criminal or civil law or otherwise violates any local, state, national or international law, rule or regulation;
you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
violates or infringes upon the rights of others, including User–Generated Content (defined below) which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
requests or solicits any personal or private information from any individual;
requests or solicits money, goods, or services for private gain;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment; or
contains advertising or promotions or which otherwise has a commercial purpose;
Responsibility for User-Generated Content Posted On or Through The Site
To the extent a Site permits you to post content generated by or on behalf of you (“User-Generated Content”), You are responsible for User-Generated Content that you post. Under no circumstances will We be liable in any way for any User–Generated Content.
Because we do not control the User–Generated Content posted on or through the Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User–Generated Content. You also agree and understand that by accessing the Site, you may encounter User–Generated Content that you may consider to be objectionable. We have no responsibility for any User–Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User–Generated Content posted, emailed, transmitted or otherwise made available on or through the Site. The User–Generated Content posted on or through the Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Edmentum Companies or any person or entity associated with Edmentum Companies.
You own User-Generated Content, but we may use it: You own the copyright in any original User–Generated Content you post. We do not claim any copyrights in User–Generated Content. However, by using the Site you are granting us a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty–free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User–Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User–Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content: We have the right (but do not assume the obligation) to:
monitor all User–Generated Content;
require that you avoid certain subjects;
remove or block any User–Generated Content at any time without notice at our sole and absolute discretion;
terminate your access to and use of the Site, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of User–Generated Content you post, and that you will retain ownership thereof as described above.
Removal of content
Violation of copyrights: We do not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied and made available on the Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your statement must be addressed as follows: Copyright Agent
5600 West 83rd Street, Suite 300,8200 Tower
Bloomington, MN 55437
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Although we do not claim ownership of User–Generated Content you post using the Site, the Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of the Site, you agree that to the extent you provide Personal Information to us it will be true, accurate, current, and complete and that you will update all Personal Information as necessary.
To the extent you create an account through the Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. We reserve all rights and remedies available to us.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE. THE SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SITE; (C) THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN OUR AUTHORIZED SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER–GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF OUR OWN. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE AND ON BEHALF OF OUR LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE U.S. DOLLARS ($5.00).
Links to Third-Party Websites
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) and/or the information, materials, products and/or services available through the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site.
Governing Law, Jurisdiction, and Venue
“Content” refers to all of the software and code comprising or used to operate the Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Site, including User–Generated Content.
“Feedback” refers to the Content you post on or through the Site that is specifically about how we can improve the Site and the products and services we make available through the Site.
“Including” means “including, but not limited to.”
“Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and email address.
“We,” “us,” and “our” refer to Edmentum, Inc. and its affiliate and subsidiary companies.
“User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through the Site using the social networking tools that we might make available to you and that does not constitute Feedback. One way that User–Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others.