Terms of Use:
Your Use of the Website
This website (hereinafter "Website") is owned and operated by Defined
Learning,. Unless otherwise indicated, the content, format and imagery
of this Website are copyrighted under the laws of the United States
by Defined Learning, and are protected by worldwide copyright laws and
treaty provisions. Unauthorized duplication is a violation of law. The
content, format and imagery of the Website may not be copied, published,
broadcast, distributed, reproduced or transmitted in any way. You may
not use the Website or any materials on the Website in any commercial
or for-profit manner.
For purposes of this Agreement,
the use of any materials from the Website on any other website or computer
environment is prohibited without the express written consent of Defined
Learning For the purpose of the Terms of Use the term "Subscriber"
shall apply to those users of the Website who are registered subscribers
that have a valid user name and password for accessing the Website and
the material on the Website.
Confidentiality
In consideration of your use of this Website and any services provided
by Defined Learning in connection therewith (hereafter, the "Service"),
you agree to: keep your user name and password confidential. Subscriber
is responsible for maintaining the security and confidentiality of all
log-In information, including user name and password information.
Use of the Material
Defined Learning reserves the right, in its sole discretion, to limit
any Subscriber’s use of the Website in the event that Defined Learning,
in its sole discretion, deems such Subscriber’s use of the Website
to be inconsistent with noncommercial, educational purposes and/or inconsistent
with the Terms of Use.
The Website and the images,
audio files and video files on the Website ("Material") are owned
or licensed by Defined Learning and are protected by United States and
international copyright, trademark and other intellectual property laws.
Subscriber does not gain any type of ownership interest in the Website
or the Material by using the Website or the Material.
Subscriber may download, solely
in connection with noncommercial educational use, copies of the Material
designated on the website as "Downloadable." Copies of downloaded
Material must be deleted or erased after use or expiration of the Term,
whichever occurs first. Any and all downloading shall be for individual
Subscriber convenience only, and Subscribers may not (i) systematically
download any of the Material; (ii) create distribution libraries from
the Material; or (iii) sell, rent, display, exhibit or otherwise transfer
any of the Material to any third party outside of the Subscriber’s
classroom.
In the course of using any
Material as permitted hereunder, Subscriber may not make the Material,
or any part thereof, available to any party who is not a Subscriber,
except as permitted herein. Subscriber must ensure that the Material
is at all times kept on a secure server, viewable only by Subscribers.
If Subscriber wishes to use a third party to host the Material, Defined
Learning must pre-approve the use of such proposed host in writing prior
to use of the proposed host. Defined Learning shall have the right to
approve the terms of the proposed agreement between the proposed host
and Subscriber. Except as expressly set forth herein, Subscriber may
not (i) copy, modify, transmit, perform, create derivative works of,
publish, sub-license, or otherwise share the Website, the Material,
or any portion thereof; (ii) disassemble, reverse engineer or decompile
the Website or any portion thereof; (iii) use any "deep-link",
"page-scrape", "robot", "spider," "offline
readers," or any equivalent manual process, to access or monitor
any portion of the Website; (iv) collect any personally identifiable
information, including user names or passwords, from the Website; (v)
take any actions that may circumvent, disable or damage the Website's
security; (vi) use the Material in a manner that disparages the Website,
Defined Learning, or the Material; or (vii) use the Material or Website
in any manner that Defined Learning may, in its sole and exclusive discretion,
deem inappropriate.
Subscriber understands and
agrees that the Website and the Material possess a unique character
that makes it difficult to assess the monetary damages that would be
sustained as a result of unauthorized use of the Website or Material.
Subscriber understands and agrees that unauthorized use may cause immediate
and irreparable damage to Defined Learning for which Defined Learning
would not have an adequate remedy at law. Therefore, Subscriber agrees
that, in the event of such unauthorized use, in addition to such other
legal and equitable rights and remedies that may be available to Defined
Learning, shall be entitled to injunctive and other equitable
relief without the necessity of proving damages or furnishing a bond
or other security.
Your Actions as a Subscriber
You acknowledge and understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages, content or other
submissions ("Submission"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such
Materials originated.
You agree not to use the Website to:
You acknowledge that Defined
Learning and anyone it designates shall have the right, but not the
obligation, in their sole discretion to move or refuse to move any Submission
that is available via the Website. Without limiting the foregoing, Defined
Learning and anyone it designates shall have the right to remove any
Submission that violates these terms of use or are otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with,
the use of any Submission, including any reliance on the accuracy, completeness,
or usefulness of such Submission. In this regard, you acknowledge that
you may not rely on any Content (i) created by Defined Learning or on
this Website, or (ii) submitted to Defined Learning or this Website,
including without limitation information in any Defined Learning bulletin
boards and in all other parts of the Website.
You acknowledge and agree that
Defined Learning and this Website may preserve any Submission and may
also disclose any Submission if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary
to: (i) comply with legal process; (ii) enforce these terms of service;
(iii) respond to claims that any Content violate the rights of third-parties;
or (iv) protect the rights, property, or personal safety of Defined
Learning and this Website, its users and the public.
You understand that the technical
processing and transmission of the Website, including your Submission,
may involve (i) transmissions over various networks; and (ii) changes
to conform and adapt to technical requirements of various networks or
devices to which the Website is connected. This Website contains robot
exclusion headers and you agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy our web
pages or the content contained herein without our prior expressed written
permission. You agree that you will not use any device, software or
routine to bypass our robot exclusion headers, or to interfere or attempt
to interfere with the proper working of the Defined Learning site or
any activities conducted on our site. You agree that you will not take
any action that imposes an unreasonable or disproportionately large
load on our infrastructure. Much of the information on our site is updated
on a real time basis and is proprietary or is licensed to Defined Learning
or its vendors or third parties. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content
from this Website without the prior expressed written permission of
Defined Learning, or the appropriate third party.
Terms of Use May Change
Defined Learning reserves the right to update or modify these Terms
of Use at any time without prior notice. Your use of this Website following
any such modification constitutes your agreement to follow and be bound
by the Terms of Use as modified. For this reason, we encourage you to
review these Terms of Use whenever you use this Website.
Correction of Errors and
Inaccuracies
The content of this Website, including but not limited to text, availability
and descriptions may contain errors or inaccuracies, and may not be
complete or current. Defined Learning reserves the right to correct
any errors, inaccuracies or omissions and to change or update information
at any time without prior notice. We apologize for any inconvenience
this may cause you.
Termination
This Agreement will terminate immediately without notice from Defined
Learning or this Website, if in their sole discretion you fail to comply
with any term or provision of this Agreement, if you are an infringer
of any third party's rights, or if you engage in conduct that is illegal,
tortuous or that interferes with the technological operation of this
site. Upon termination, you must destroy all Materials obtained from
Defined Learning or this Website and all copies thereof, whether made
under the terms of this Agreement or otherwise.
Disclaimer
Defined Learning MAKES, AND THIS WEBSITE INCLUDES, NO REPRESENTATIONS
OR WARRANTIES WITH RESPECT TO Defined Learning OR THE CONTENTS OF THIS
WEBSITE, INCLUDING THE MATERIAL, WHICH ARE PROVIDED FOR USE "AS
IS" AND "AS AVAILABLE." Defined Learning AND THIS WEBSITE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO Defined Learning AND THIS WEBSITE AND ANY WEB
SITE WITH WHICH IT IS LINKED OR CONTENT PROVIDED BY SUPPLIERS TO THIS
WEBSITE. Defined Learning NOTIFIES YOU THAT MUCH OF THE CONTENT OF THE
WEBSITE IS SUPPLIED BY THIRD PARTY SUPPLIERS WHO ARE ULTIMATELY RESPONSIBLE
FOR THE CONTENT SUPPLIED BY THEM. Defined Learning DOES NOT WARRANT
THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR THIS WEBSITE OR
THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT Defined Learning
OR THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE
OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN
HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. Defined Learning DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Defined Learning OR
THIS WEBSITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
Defined Learning OR THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF Defined Learning, OR
AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Defined Learning'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
(WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS
WEBSITE. UNDER NO CIRCUMSTANCES SHALL Defined Learning BE RESPONSIBLE
FOR ANY DAMAGES RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION,
DESTRUCTION, OR ALTERATION OF A USER OR SUPPLIER'S SYSTEM (INCLUDING
FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS).
Jurisdiction and Export
This Website is controlled and operated by Defined Learning from its
office in Northbrook, IL, United States of America. Defined Learning
and this Website make no representation that materials on this Website
are appropriate or available for use in other locations. Those who choose
to access this Website from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the extent
local laws are applicable. Data from this site is further subject to
United States export controls. No software from Defined Learning or
this Website may be downloaded or otherwise exported or re-exported
into (or to a national or resident of (i) Cuba, Iran, Iraq, Libya, North
Korea, Syria or any other country to which the United States has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Data, you represent and warrant
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.