Ascend Learning

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Terms

ASCEND  LEARNING, LLC WEBSITE – TERMS OF USE

Welcome to 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”).

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 WEB SITES, 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 WEB SITES SHALL APPLY.

COPYRIGHTS AND LIMITATIONS ON USE

All content in this Site, including site layout, design, images, programs, text and other information (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 may not copy, display, distribute, modify, publish, post, reproduce, store, transmit, “mirror”, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, without the prior express written permission from Ascend.

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. You are not permitted to modify any Content that you access from your use of this Site. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Ascend. Nothing on this Site shall be construed to convey any license in or to any of Ascend’s or its third party licensors’ intellectual property rights. 

You agree you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Content, unless authorized by us; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site. If this Site contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to Ascend.

You may not use the services on the Site 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. 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

The Site may contain links to other sites which are not under the control or maintained by Ascend. Ascend is not responsible for the content of those sites, does not endorse those sites or the content and material contained therein, and provides links to you only as a convenience. Web sites of other parties, including those of Ascend’s affiliates, may have different terms of use, so please be careful to review those terms on such other web sites.

LOCAL LAWS; EXPORT

Ascend controls this web site from its headquarters in the United States and makes not representation that the 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.

TRADEMARKS

The trademarks, logos, and service marks (“Marks”) on this Site are the property of Ascend or other third parties and you are not permitted to use these Marks without the prior written consent of Ascend or such third party that owns the Mark.

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 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 (A) THAT THIS SITE WILL BE UNINTERRUPTEDOR ERROR FREE OR THAT ANY INFORMATION, CONTENT, OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) REGARDING THE OPERATION OR PERFORMANCE OF THIS SITE; (C) REGARDING THE NATURE, OR ACCURACY OF ANY CONTENT, MATERIAL, OR PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED, OR ACCESSED FROM THIS SITE OR ANY THIRD PARTY SITE; (D) 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 (E) 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

ASCEND IS NOT LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THIS SITE. TO THE EXTENT PERMITTED BTY LAW, IN NO EVENT WILL ASCEND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFTS, USE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR BACKUP AND PROTECTION OF YOUR DATA AND YOUR USE OF THIS SITE AND WILL NOT MAKE ANY CLAIM AGAINST ASCEND OR ANY ASCEND AFFILIATE IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THE CONTENT AND MATERIALS CONTAINED HEREIN. YOU WILL NOT BRING ANY LEGAL ACTION AGAINST ASCEND OR ITS AFFILIATES IN CONNECTION WITH, AND WILL HOLD ASCEND AND ITS AFFILIATES HARMLESS FROM AND AGAINST, ANY CLAIMS BASED ON YOUR USE OF THIS SITE. 

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 will be deemed non-confidential. By posting any information or material on this Site, you represent that you own all proprietary rights over such information or material and 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. You represent that you will not post anything on this Site that is libelous, defamatory, unlawful, threatening, obscene, or pornographic. Ascend reserves the right to remove, without notice, any unlawful or offensive information posted on this Site.

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, which is incorporated by reference into these Terms. 

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.

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. 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.

GENERAL

Ascend’s obligations regarding Ascend 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 you continue to use this Site after changes to these Terms are made, you are indicating your agreement to the changes.

 

Ascend Learning, LLC Terms of Use (Rev. Nov. 2011)