Effective Date: January 25, 2016
1. These Terms apply to all use of our digital properties
These Terms apply to all use of our digital properties. As a user of the digital properties, “you” agree that these Terms are a binding contract that applies to all of your use of the digital properties and any subscription or license that you have purchased, or that have been purchased on your behalf, through the digital properties. By visiting the digital properties, you are agreeing that you will comply with these Terms. If you do not agree to these Terms, you should not use our digital properties.
Our digital properties may contain links to websites or other online offerings that we do not operate or control. We are not responsible for the privacy practices or content of those offerings. You should be aware that different terms may apply to your use of those offerings.
3. Your use of our digital properties must comply with our standards of conduct.
To maintain the integrity of our digital properties and the user experience of all users of the digital properties, you agree not to misuse the digital properties or their content. For example, you must not do (or attempt to do) any of the following, or encourage or assist others to do any of the following:
- Disrupt or interfere with the normal operation and navigation of the digital properties or the availability of the digital properties to other users.
- Circumvent any measures we use to limit access to the digital properties or particular content available on the digital properties.
- Access the digital properties using any unauthorized “robot,” “spider,” “scraper” or other automated means.
- Display the digital properties, or any of their content, in a “frame,” in connection with any other content or trademark, or in any other way that could potentially deprive us of revenue or falsely suggest a relationship between us and any third party.
- Make any commercial use of the digital properties or their content, including collection or use of information concerning our product offerings, descriptions, images, prices and sales volumes.
- Maintain any link to a digital properties from any commercial website, or maintain any other link that we ask you to remove.
- Disassemble, decompile or otherwise reverse engineer any software or other technology used in or available through the digital properties.
- Use the digital properties to transmit or collect personally identifiable information about other users.
- Use the digital properties to advertise or promote any goods or services other than ours. This includes chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial), or bulk communications of any kind, including but not limited to distribution lists that include any person who has not given specific permission to be included on such a list.
- Use the digital properties to send or post any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. This includes material in the form of text, graphics, audio, video, or programs.
- Use a false name or contact information, impersonate any person or entity, or otherwise misrepresent your identity, affiliation or the origin of materials you transmit.
- Use any other subscriber’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain.
If you violate this Section 3, we reserve the right to terminate your access to or registration on the digital properties, remove material from the digital properties, take other remedial actions, and seek any remedies permitted by law.
We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 3.
4. Additional terms apply if you register for or use an account on our digital properties.
Portions of our digital properties offer you the option of signing on as a guest or registering as a member. This Section 4 states additional terms that apply to such accounts.
Parents, teachers, or administrators of a school or school district who has licensed our products and services (collectively, “Non-Student Users”) who register for the digital properties are required to provide us with accurate and complete information including your name, email address, job title, phone number, school, school district, and password. You also must update your account when information you have provided to us changes. To update your account information, click on the “Your Account” link on the relevant digital property.
You authorize us to use the contact information you provide us to communicate with you about our digital properties and products, as indicated in the preferences set for your account. We do not communicate directly with students.
Students who register to use the teaching and learning resources at the direction of their teachers, school or school district administrators may provide their name, email address, class and school where they are enrolled. In some cases, Non-Student Users will provide this information to us on the students’ behalf.
You are responsible for maintaining the confidentiality of your account login names and passwords, and you must not permit use of your account by anyone else. You accept responsibility for all activities that occur under your account, including product purchases made using your account. If you have reason to believe that someone is using your account without your permission, you agree to contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use of your account.
5. We may change our digital properties and our offerings at any time.
We reserve the right to take any of the following actions at our discretion at any time, and without giving you prior notice:
- Change or discontinue any digital property, and the products, promotions, and other offerings on the digital properties.
- Limit the availability of products.
- Impose conditions on the product licenses.
- Restrict or terminate your access or registration to the digital properties.
We will not be liable to you or any third party for taking any of these actions. If we terminate your access to any of the digital properties, you must immediately stop using such digital property. Upon termination, these Terms shall continue to apply to any other use of the digital properties that you are permitted to make. Any termination will not affect our rights as to any violation of these Terms by you.
6. We retain all rights to our trademarks, copyrights and other intellectual property.
The trademarks used on the digital properties, the products offered through the digital properties, the appearance and content of the digital properties, and the technology used to provide the digital properties are protected by intellectual property and other laws in the U.S. and in other countries. As between you and us, we retain all right, title and interest in and to our digital properties, products, content and technology. You must comply with all such laws. You agree not to remove, obscure or alter any trademark, copyright or other legal notices on the digital properties. You also agree not to use our trademarks in meta tags or in any way that is likely to cause confusion or that disparages or discredits us.
You are only permitted to access and use the digital properties for your own personal, noncommercial purposes in accordance with these Terms. We grant you a nonexclusive, revocable license to print or store a limited number of individual pages of the digital properties incidental to such use. You agree not to (1) download, archive, store in a database or otherwise copy any part of the digital properties or its content except for the printing and storage authorized in the immediately preceding sentence; (2) modify or otherwise create derivative works of the digital properties or its content; (3) distribute or otherwise disseminate any part of the digital properties or its content; and (4) in any way exploit any part of the digital properties or its content.
The Carnegie Learning Resource Center, other Carnegie Learning subdomains, software, and mobile apps may offer you access to Carnegie Learning teaching and learning resource materials and other copyrighted materials. These materials are under copyright and may not be distributed, shared or posted without permission from Carnegie Learning.
The Carnegie Learning Resource Center offers you access to MATHia® and/or Cognitive Tutor® software. Please see License Agreement for software use.
Non-Student Users who post materials to the digital properties grant Carnegie Learning an unlimited license to reproduce, distribute, and share such materials without the user’s permission.
7. If you believe that your copyrighted work has been improperly used on our Site, you should notify our copyright agent.
We respect the intellectual property rights of others. If you believe that content on a Site infringes your copyright, you may send a notification pursuant to Section 512 of the Copyright Act (17 U.S.C. § 512) to our designated agent as follows:
501 Grant Street
Union Trust Building, Suite 1075
Pittsburgh, PA 15219
8. YOUR RIGHTS AND REMEDIES FOR YOUR USE OF THE DIGITAL PROPERTIES ARE LIMITED.
WE DO NOT WARRANT: (1) THAT THE DIGITAL PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) THAT THE DIGITAL PROPERTIES OR ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS OR OMMISSIONS; (3) THAT THE DIGITAL PROPERTIES OR THE SERVERS HOSTING THEM WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE DIGITAL PROPERTIES OR ITS CONTENT WILL CONTINUE TO BE AVAILABLE. WE SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE DIGITAL PROPERTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE DIGITAL PROPERTIES AND THEIR CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE DIGITAL PROPERTIES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE DIGITAL PROPERTIES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THEM. SOME CONTENT ON THE DIGITAL PROPERTIES MAY HAVE BEEN POSTED BY THIRD PARTY USERS OF THE DIGITAL PROPERTIES. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT. WE SHALL HAVE NO LIABILITY FOR ANY SUCH CONTENT.
YOUR PARTICIPATION IN THE DIGITAL PROPERTIES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE DIGITAL PROPERTIES, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIGITAL PROPERTIES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE DIGITAL PROPERTIES. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER WE NOR OUR MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE DIGITAL PROPERTIES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. WE ENCOURAGE YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE DIGITAL PROPERTIES. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE DIGITAL PROPERTIES, YOUR USE OR INABILITY TO USE THE DIGITAL PROPERTIES, OR ANY PRODUCTS PURCHASED THROUGH THE DIGITAL PROPERTIES, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO US IN CONNECTION WITH YOUR USE OF THE DIGITAL PROPERTIES (INCLUDING FOR ANY PRODUCTS PURCHASED THROUGH THE DIGITAL PROPERTIES) IN THE TWELVE MONTHS PRECEEDING THE CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE DIGITAL PROPERTIES. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any digital properties to which we may provide links, and you hereby waive any claim you might have against us with respect to such digital properties.
9. If you violate these Terms, and someone makes a claim against us as a result, you must make us whole.
You agree to defend, indemnify, and hold us harmless against any and all claims or demands, including damages, costs and expenses, or attorneys’ fees arising from or related to your (or any other subscriber of your account’s) use or misuse of the digital properties. We reserve the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 9 without our prior written approval.
10. Certain other miscellaneous provisions also apply.
11. If you have questions or concerns, please contact us, and we will try to resolve them.
If you have any questions or concerns about these Terms or the digital properties, please call us toll-free at 877-401-2527 or contact us at:
501 Grant Street
Union Trust Building, Suite 1075
Pittsburgh, PA 15219