Terms

Terms

ASCEND  LEARNING, LLC WEBSITE – TERMS OF USE

Thank you for choosing to visit our website, Ascendlearning.com. This website (“Site”) is owned and operated by Ascend Learning, LLC, 5 Wall Street, Burlington, MA 01803, USA  (“Ascend,” “we,” “us,” or “our”).  These website Terms of Use  (“these Terms”) apply to your access to, and use of, this Site and features, applications and products accessible through, or in connection with, this Site (collectively the “Services”).

 

Please review these Terms of Use (the “Terms”) before using this Site, as they are a legally binding agreement between you (“you”, “your”) and Ascend governing your use of this Site and represent the entire understanding between you and Ascend regarding your use of this Site.

 

These Terms expressly incorporate by reference and include Ascend’s Privacy Policy (which may be accessed by the link at the bottom of the page) and any guidelines, rules or disclaimers that may be posted and updated on specific webpages or on notices that are sent to you. By accessing or using the Site, you are indicating your agreement to be bound by the Terms. If you do not agree with these Terms, do not use this Site.

 

CERTAIN ASCEND WEBSITES AND WEBSITES OF ITS AFFILIATES, INCLUDING BUT NOT LIMITED TO PASSWORD PROTECTED SITES, CONTAIN TERMS OF USE IN ADDITION TO OR DIFFERENT FROM THESE TERMS, AND THE TERMS OF USE POSTED ON SUCH WEBSITES SHALL APPLY.

 

COPYRIGHTS AND LIMITATIONS ON USE

All content in this Site and in our Services, including layouts, designs, images, programs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Content”) is the property of Ascend and its affiliated companies or licensors and is protected by copyright and other intellectual property laws.

 

You are granted a limited license, without the right to sublicense, to access and use this Site or, if applicable, the Services for your non-commercial and personal use only.  You may print or download Content from the Site only for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices and do not post the Content on any network or broadcast in any media.  The limited license granted to your herein is subject to these Terms and any other applicable terms and conditions.  You expressly agree not to:

  • resell, lease, transfer, lend, timeshare, syndicate or commercially use the Site, Services or Content;
  • decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Site, Services or Content;
  • distribute, publicly perform or publicly display the Site, Services or Content;
  • modify, adapt, translate, or create any derivative works of the Site, Services, Content or any portion thereof;
  • use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
  • download, index or in any non-transitory manner store or cache any portion of the Site, Services, Content or any information contained therein, except as expressly permitted on the Site or Services;
  • remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Site, Services or Content;
  • create or attempt to create a substitute or similar service or product through the use of or access to the Site, Services, Content or any proprietary information related thereto; or
  • use the Site, Services or Content other than for its intended purpose.

 

You may not use the Site or Services to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law.  Ascend may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services.

You may not, without the approval of Ascend, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services.

The permissions granted to you herein automatically terminate without notice if you fail to comply with these Terms in your use of this Site or our Services. Any unauthorized use of any Content may be a violation of copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes. Ascend has zero tolerance for infringement of its intellectual property rights and will zealously take action to protect its rights.

 

LINKS

Our Site or Services may contain links or other connections to other third-party websites, platforms, products, services or applications that are independent of our Services. The information collection practices and privacy policies of these third parties may differ from ours. Ascend provides links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Ascend of any site or any information contained therein.

 

When you leave our Site, these Terms and our Privacy Policy will no longer govern your Internet browser session. Your use of any site to which you navigate from our Site will be subject to that site’s terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.  We recommend that you carefully read their policies.

 

LOCAL LAWS; EXPORT

Ascend controls this website from its headquarters in the United States and makes not representation that the Site or Content is appropriate for use in other locations.  You may not use, download, or export Content in violation of any U.S. export laws and regulations. If you use this Site from outside the U.S, you do so on your own initiative and will do so in compliance with any local laws.

 

CHILDREN

We recognize the importance of protecting the privacy and safety of children. Our Site and  Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us by email at communications@ascendlearning.com.

 

TRADEMARKS

All logos and any other product or service name or slogan contained in our Site or in our Services or Content are trademarks of Ascend or its affiliates, or our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Ascend or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing names, trademark or product or service name of Ascend or any of our affiliates without our express prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Ascend and may not be copied, imitated or used, in whole or in part, without our express prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ascend.

 

RESTRICTED RIGHTS

The Content are provided with “Restricted Rights.” Use by the United States Government is subject to the restrictions of FAR 52.227-19 and DFARS 227-7202-3.

 

NO WARRANTY

CONTENT, INFORMATION, AND MATERIAL ON THIS SITE, OUR SERVICES AND OUR CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

 

WITHOUT LIMITING THE FOREGOING, NEITHER ASCEND NOR ITS AFFILIATES MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THIS SITE, OUR SERVICES AND OUR CONTENT  OR ANY PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED, OR ACCESSED FROM THIS SITE OR ANY THIRD PARTY SITE (A) IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) WILL BE UNINTERRUPTED OR ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY INFORMATION, CONTENT, OR OTHER MATERIAL ACCESSIBLE FROM OUR SITES OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) WILL OPERATE OR PERFORM TO ANY SPECIFIC STANDARD.   FURTHERMORE, NEITHER ASCEND NOR ITS AFFILIATES MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE (X) REGARDING THE OPERATION OR PERFORMANCE OF THIS SITE; (Y) ANY PRODUCT OR SERVICE PURCHASED ON OR THROUGH THIS SITE OR ANY THIRD PARTY SITE OR OBTAINED AS A RESULT OF ANY INFORMATION ON THIS SITE; OR (Z) THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ASCEND, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES THROUGH THIS SITE SHALL CREATE ANY WARRANTY.

 

DISCLAIMERS

The Content and materials of this Site may include inaccuracies or errors and Ascend may make improvements and changes to the products or services described in this Site at any time, without notice. Ascend periodically changes, but makes no commitment to update, the Content on this Site.

 

LIMITATION OF LIABILITY

NEITHER ASCEND, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE EMPLOYEES AND AGENTS (THE “ASCEND PARTIES”) ARE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THIS SITE, OUR SERVICES OR OUR CONTENT.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY OF THE ASCEND PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, (INCLUDING BUT NOT LIMINTED TO, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF USE, OR LOSS OF DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, OUR SITE, SERVICES OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ANY OF THE ASCEND PARTIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE RECORDS, PROGRAMS OR SERVICES OF ANY OF THE ASCEND PARTIES.  YOU HAVE SOLE RESPONSIBILITY FOR BACKUP AND PROTECTION OF YOUR DATA.  YOU WILL NOT BRING ANY LEGAL ACTION AGAINST ANY ASCEND PARTY IN CONNECTION WITH, AND WILL HOLD EACH OF THE ASCEND PARTIES HARMLESS FROM AND AGAINST, ANY CLAIMS BASED ON YOUR USE OF THIS SITE.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ASCEND PARTIES COLLECTIVELY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, SERVICES OR CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ASCEND FOR ACCESS TO OR USE OF OUR SITES, SERVICES OR CONTENT.

 

INFORMATION YOU PROVIDE OR POST ON THIS SITE

Except for information which Ascend expressly agrees to treat confidential, any communication, material or information that you transmit or post to this Site (“User Content”) will be deemed non-confidential. If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this or other Sites of Ascend affiliates any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations concerning privacy;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in the sole judgment of Ascend, is objectionable or which restricts or inhibits any other person from using or enjoying this Site, or which may expose Ascend or its users to any harm or liability of any type.

 

This list of prohibitions provides examples and is not complete or exclusive.

 

By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.  Any use of our Sites, Services or Content in violation of these Terms, including the foregoing, may result in, among other things, termination or suspension of your rights to use our Sites, Services or Content.

 

Also, by posting any information or material on our Sites, Services or Content you grant Ascend a perpetual, royalty-free license to use, display, reproduce, distribute, modify, and make publicly available such material or information for any commercial or non-commercial use.

 

ASCEND’S USE OF PERSONAL INFORMATION

Ascend’s collection and use of personal information is governed by Ascend’s Privacy Policy, available by link at the bottom of this page, and any additional terms you agree to when accessing certain portions of this website or use other functions or features, as noted, which are incorporated by reference into these Terms.

 

If you do not consent to these Terms, Ascend’s Privacy Policy or such other additional terms presented, please do not continue to use our Site and Services.

 

BREACH OF THESE TERMS

If you violate any of these Terms, Ascend reserves the right to terminate or suspend, in whole or in part, without notice, your access to this Site, our Services and our Content.

 

GOVERNING LAW; JURISDICTION

These Terms are governed by the laws of the Commonwealth of Massachusetts.  You and Ascend consent to the exclusive jurisdiction and venue of the courts located in the Commonwealth of Massachusetts for any legal action connected in any way to these Terms or use of this Site or our Services. You and Ascend waive any rights to a jury trial for any claim or cause of action arising out of these Terms or use of this Site or our Services.

 

GENERAL

Ascend’s obligations regarding Ascend’s or its affiliates’ products and services are governed by the terms of the agreements under which they are sold or licensed.

 

If any court finds that any provision of this agreement is illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

 

These terms are not assignable by you, in whole or in part, to any third party and any attempt by you do so shall be void and of no force and effect.

 

Ascend reserves the right to change these Terms, at any time and without notice, by posting the revised Terms on this Site. You should frequently review these Terms. If Ascend changes or modifies these Terms, Ascend will update these Terms and post the revised Terms on this Site and will indicate at the bottom of this page the date these Terms were last revised.  Any changes or modifications will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of this Site or our Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms and to review such changes. If you do not agree to the amended terms, you must stop using this Site and our Services.  If you have any questions about these Terms, please contact us by email at communications@ascendlearning.com.    

 

Ascend Learning, LLC Terms of Use (Rev. June 2018)