As a condition of your access to and use of the Sites, you represent and warrant that:
- You have not and will not provide false information or impersonate another
person in your use of the Public Site and/or Secure Sites;
- You will only use your own user name and password to access the Secure Sites;
- You will maintain the confidentiality of your user name and password at all times;
- You will not assist anyone in gaining unauthorized access to the Secure Sites;
- You will only attempt to access the Secure Sites which you have been authorized to access; and
- You will notify us if you are aware of any unauthorized use of your user name or password in an attempt to access the Secure Sites.
Authorized Use of Content
The Sites, including all content thereon, are owned by us, our suppliers or licensors and are protected by U.S. and international intellectual property laws.
You agree not to access the Sites or use any content contained thereon for any
commercial purpose. If you are a student, teacher or school administrator and you have received a valid user name and password to access the Secure Sites, you may access, download and/or print copies of any content on the Secure Sites to which you have been granted access solely for your own educational or instructional purposes, provided that no copies of the content shall be made for the benefit of and distributed to students who have not received access to the Secure Sites.
You agree to maintain all copyright and other intellectual property notices included in any of our content that you copy.
You may not modify decompile, disassemble, decrypt, extract or otherwise reverse
engineer any of our content, or create derivative works based upon all or part of the content.
We reserve all rights not expressly granted to you in these Terms and no additional rights are granted by implication, estoppel or otherwise.
Code of Conduct
By using the Sites, you agree not to do any of the following:
- Upload or transmit any communications or content of any kind that infringe or violate any rights of any party, including but not limited to, intellectual property,
privacy and/or publicity rights.
- Use the Sites for any purpose in violation of local, state, federal or international laws or regulations.
- Use the Sites to distribute advertising or other unsolicited material.
- Post any material that we, in our sole discretion, deem unlawful, obscene,
defamatory, threatening, harassing, hateful or embarrassing to any other person or entity.
- Express or imply that any of your content is endorsed by us.
- Engage in any other activity that we deem improper or abusive.
We reserve the right, but shall not be required, to monitor, edit or remove your content from the Sites without notice for any reason or no reason without your permission.
Third Party Content
You agree that we do not endorse and that we are not responsible for any third party content appearing on the Sites and that we shall have no liability for any such content, including content that is false, misleading, abusive, defamatory, obscene or that violates any local, state, federal or international law or regulation or any rights of another individual or entity.
You also agree that we are not responsible for the content of any other websites linked to the Sites and that the inclusion of any link to such third party websites does not imply our endorsement of such websites. Your linking to any other off-site pages or other websites is at your own risk.
Disclaimers and Limitations on Liability
WE DO NOT WARRANT THE ACCURACY OF ANY INFORMATION PROVIDED
ON THE SITES AND SUCH INFORMATION IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT, REGARDING ANY MATERIALS CONTAINED ON THE SITES.
WE MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY
OF THE SITES OR THE LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE ON THE SITES.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR OUR MATERIALS, INCLUDING LOST REVENUES, LOSS OF BUSINESS OR LOSS OF DATA.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL
DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SITES, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION.
Release and Indemnity
You agree that neither we nor any of our officers, directors, employees, agents or service providers shall have any liability to you for claims related to your use of the Sites and you hereby release us and our officers, directors, employees, agents or service providers from any and all such claims.
You acknowledge that certain security and privacy risks are inherent in your use of the Sites and the Internet generally, including the potential that any data or information transferred via the Sites may be subject to security breaches.
You agree to indemnify and hold us, our officers, directors, employees and agents harmless from any and all claims, liabilities, damages, and expenses (including attorneys’ fees) relating to your content and your use of the Sites in violation of these Terms.
If you believe your copyrighted work or trademark has been uploaded, posted or copied to any of the Sites in a way that constitutes copyright or trademark infringement, please notify our designated agent at: email@example.com or 480.423.0118 ext 1120. As soon as practical, we will investigate such claims and take appropriate action in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq.
Any claims that material on the Sites is defamatory or abusive towards you may be directed to the same contact.
Governing Law – These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. You agree that any legal action or proceeding concerning your use of the Sites shall be brought exclusively in a state or federal court located in Phoenix, Arizona, and you submit to the exclusive personal jurisdiction of such courts.
Assignment – We may assign our rights and delegate our duties under these Terms to any party at any time without notice to you or any third party.
No Implied Waiver – Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
Severability – The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability
of the remaining provisions.
The terms below are used in our website and are registered trademarks of their respective organizations:
- AP®, Advanced Placement®, ACCUPLACER® and SAT® are registered trademarks of The College Board.
- ACT® and COMPASS® are registered trademarks of ACT, Inc.
- GED® is a registered trademark of the American Council on Education.
If you have any other questions concerning the Sites or these Terms, please contact:
James Curtin- 480-423-0118, firstname.lastname@example.org