Website Usage Agreement
PLEASE READ THIS WEBSITE USAGE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THIS SITE
This website (the "Site") is owned by TEACH Institute, a 503c non-profit education organization headquartered in Minnesota (referred to herein as "TEACH"), from whom you may obtain certain educational products and other services (together the "Products"). Incorporated into this Website Usage Agreement by reference are: (i) all other policies described in the Site; (ii) the terms and conditions which govern the Products; (iii) all additional restrictions displayed on the Site, as this Agreement may be updated from time to time by TEACH; and (iv)the Online Privacy Statement and Privacy Notice
applicable to this Site. These documents, taken together, are collectively referred to herein as the “Agreement”. This Agreement governs your use of the Site and the various services provided therein.
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THE AGREEMENT JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO ABIDE BY THE AGREEMENT, DO NOT USE THE SITE OR ACCESS MATERIALS FROM THE SITE.
This Agreement applies exclusively to your access to and use of the Site and does not alter the terms or conditions of any other agreement you may have with TEACH, including any Product agreement.
CHANGES AND TERMINATION
TO THE AGREEMENT: TEACH reserves the right, in its sole discretion, to amend or terminate this Agreement in whole or in part, at any time, without notice and liability, including, without limitation, if TEACH believes you have breached this Agreement. Any change to this Agreement will be effective when posted on the Site. You agree that your use of the Site after we have posted any changes constitutes consent to those changes. TEACH may terminate the authorization and rights granted herein, which may terminate your access to the Site.
TO THE SITE: The Site may implement required or automated updates, modifications and re-installations. These updates, modifications and re-installations may occur on a periodic or as needed basis without notice to you. In addition, TEACH may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. TEACH may remove, modify or otherwise change any content, including that of third parties, on or from the Site. TEACH also may impose limits on certain features and services or restrict your access to the Site without notice or liability. TEACH may terminate your use of the Site at any time in its sole discretion.
RESTRICTIONS ON USE OF THE SITE
The Site may be used by you only for the following purposes: obtaining information about the Products; obtaining and submitting applications for one or more of the Products; reviewing the status of your Product(s); accessing your Products; and obtaining customer service assistance regarding your Product(s).
In order to use the Site, you must be:
• At least 18 years old, and
• A legal resident of the United States.
If you do not satisfy the above restrictions on use, you are not permitted to use the Site or to access Materials from the Site.
Your access to certain applications and features that communicate with the Site, as applicable, are subject to restriction and/or revocation (such as being shut down) for security purposes or according to consistently applied content-protection policies. You understand and agree that this would likely result in content that was previously available for use being unavailable thereafter.
TEACH has no obligation to monitor the use of the Site. You acknowledge and agree that TEACH reserves the right to, and may from time to time and consistent with the Privacy Statement and Notice, monitor any and all use of this Site for operational or other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Online Privacy Statement and Privacy Notice
and applicable privacy laws and regulations. Use of the Site constitutes consent to such monitoring. In particular, the Site may implement automated monitoring. As part of that process, the Site may create a unique system identification for your registered PC and/or registered portable device for security-related and tamper-detection purposes.
TEACH also reserves the right to investigate suspected violations of the Agreement and other potentially illegal conduct, including without limitation fraud. Any violation of the Agreement or of any applicable law or regulation may be referred to law enforcement authorities.
OWNERSHIP OF CONTENT
The Site, including past, present, and future versions, information, content available for download, domain names, images, photographs, animation, video, source code, object code, HTML and other code, audio, music, text, applets, and the “look and feel” of the Site (collectively, the “Materials”), are owned, controlled or licensed by TEACH, its subsidiaries or affiliates, and protected from unauthorized use, copying and dissemination by U.S. and international copyright, trademark, patent and other laws, rules, regulations, and treaty provisions. In addition, the Site is protected, among other ways, under copyright laws as a collective work and/or compilation pursuant to applicable United States, Canadian and foreign laws. Any permitted copies, derivations and modifications of the Site are owned by TEACH or its licensors.
You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, TEACH does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. In addition to this Agreement, TEACH reserves the right to take appropriate measures to protect copyright of the Site and its contents. You agree not to remove or modify any copyright or trademark notices or other legal notices on the Site, including without limitation, in any authorized print-outs made from the Site.
No part of the Materials on the Site may be reproduced or transmitted in any form and by any means without the express written consent of TEACH, and such consent shall be contingent on the following:
• You must retain, on all copies of the Materials accessed, all copyright and other proprietary notices contained in the Materials.
• You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose without TEACH’s prior written consent.
• You must not transfer the Materials to any other person without TEACH’s prior written consent.
You cannot use any of the trademarks or protected copyright Materials found on and/or within the Site except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright Materials without the prior written permission of TEACH that owns the Materials. Any unauthorized use may violate United States, Canadian and foreign trademark laws, the laws of privacy and publicity, and civil or criminal statutes. Nothing contained on the Site should be construed as granting by estoppel or otherwise, any license or right of use to any trademark.
The authorizations contained in this Agreement which grant you the right to access the Site, its Materials and Products is not a license or transfer of title therein.
Notwithstanding the information above, you may print out account statements and information that pertains to your account.
INFORMATION PROVIDED BY YOU:
TEACH does not want you to, and you should not, send any confidential or proprietary information to TEACH via the Site, except in the manner provided to you for secure transmissions. You agree that, except as provided in TEACH’s Online Privacy Statement , any information that you or individuals acting on your behalf provide through the Site (the “User Feedback”) will not be considered confidential or proprietary. By providing any such User Feedback through the Site, you grant TEACH an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such User Feedback without any consideration due and owing to you for such use, and you further agree that TEACH is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide through the Site. Neither TEACH nor its service providers and affiliates shall be subject to any obligations of confidentiality regarding submitted information, except as agreed by TEACH or as otherwise restricted by the Online Privacy Statement and/or by applicable law. You further recognize that TEACH does not want you to, and you warrant that you shall not, provide any User Feedback to TEACH that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary content of another.
In using the Site, you agree:
• Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites.
• Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Sites.
• Not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files. • Not to use or attempt to use or access another person's Product, account or personal information, or create or use a false identity on the Site.
• Not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your Product, and that you will comply with all applicable local, state and federal laws and regulations, which relate to your use of or activities on the Site.
As a convenience to you, the Site may provide, links to websites operated by other entities. If you use these third-party sites, you will leave TEACH’s Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. TEACH makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that TEACH or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of TEACH or any of its respective affiliates or subsidiaries. You are strongly encouraged to exercise caution and to use good judgment and discretion when obtaining or transmitting information on any third party sites.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
THE SITE AND ITS MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. TEACH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL TEACH BE LIABLE FOR ANY LOSS OR DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY YOUR RELIANCE ON THIS INFORMATION OR FOR THE RISKS ASSOCIATED WITH THE PRODUCTS. TEACH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. TEACH MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
TEACH DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TEACH ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NON-DELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES OR MISCOMMUNICATIONS, DATA BREACHES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, VIRUSES, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF TEACH, ITS RESPECTIVE AFFILIATES, ITS RESPECTIVE LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS. THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS", “AS AVAILABLE”, and ON A “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TEACH NOR ANY OF ITS PARENT, SUBSIDIARY, COMPANIES, AFFILIATES, SUPPLIERS OR LICENSORS NOR THEIR EMPLOYEES, MANAGERS, OFFICERS, AGENTS AND VENDORS (COLLECTIVELY, THE “TEACH PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) MATERIALS ON THE SITE; (C) CONTENT SUBMITTED TO THE SITE; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TEACH OR VIA THE SITE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TEACH PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICATION, AND TEACH PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SITE, YOU REPRESENTAT AND WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH THE SITE ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL TEACH PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE MATERIALS ON THE SITE; (C) CONTENT SUBMITTED TO THE SITE; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY TEACH PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF TEACH PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL TEACH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL TEACH PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TEACH PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY TEACH PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY TEACH PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
When you use the Site, unless caused by TEACH’s intentional misconduct or gross negligence, you agree to indemnify, defend (if requested by TEACH), and hold harmless TEACH and its service providers and affiliates and any other TEACH Parties from any and all third party claims, investigations, liability, judgments, settlements, damages, expenses and costs (including without limitation, attorney’s fees), caused by or arising from: (a) your use of the Site, the Materials, the services and the Products; (b) your breach or anticipatory breach of this Agreement; (c) your infringement (or the infringement by any other user of your account) of any intellectual property or other right of any third party; (d) any misrepresentation made by you; and (e) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities. You further agree to indemnify and compensate TEACH against any liability arising out of, or in connection with, transfers of funds to accounts with other financial institutions pursuant to your instructions as well as your cancellation of scheduled transfers and transactions. You will cooperate as fully required by TEACH Parties in the defense of any claim or in any investigation. TEACH Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of TEACH Parties.
COMMERCIALLY REASONABLE SECURITY PROCEDURES
By using the Site, the Materials and/or any of the services and offerings contained therein you acknowledge and agree this Agreement sets forth your rights and obligations with respect to the Site and the Products made available thereon, all of which are commercially reasonable. You further agree to be bound by instructions that we may implement from time to time to ensure the security of the Site.
INTERNATIONAL USE AND CHOICE OF LAW
The Site is controlled, operated and administered by TEACH from its offices within the United States of America. Access to the Site from territories where its contents are illegal is prohibited. This Website Usage Agreement shall be governed by the laws of the State of Utah and the federal laws of the United States of America, without giving effect to conflict-of-law provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Utah.
ONLINE PRIVACY STATEMENT
The Site has an Online Privacy Statement that describes the types of information that collected when you visit the Site and how TEACH uses and shares that information.
VIOLATIONS OF THIS AGREEMENT
TEACH reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site.
This Agreement constitutes the entire agreement between TEACH and you with respect to the terms of usage for the Site. The failure of TEACH to act with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit TEACH's rights with respect to such breach or any subsequent breaches. No waiver by TEACH of any of the terms of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized office of TEACH. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. TEACH may assign its rights and duties under this Agreement to any party at any time without any notice to you. The Agreement may not be assigned by you without TEACH's prior written consent. The section titles in this Agreement are inserted only as a matter of convenience and have no legal or contractual effect. You agree that the Agreement will not be construed against TEACH by virtue of TEACH having drafted it. Subject to any contrary provision that may be contained in any applicable laws of the State of Utah, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction or arbitrator finds any provision of this Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. In the event any of the terms or provisions of this Agreement shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. This Agreement shall be subject to any other agreements you have entered into with TEACH.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site and that you are solely responsible for all fees and costs incurred in order to obtain or maintain access to and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
If you need to contact TEACH, please contact customer service, Monday through Friday during normal business hours, at the phone number and/or email address provided on the Site. DATE: May 2016