Web Site Terms of Use
Last Updated: February 13, 2009
Acceptance of Terms
By using the Connections Academy Web site, www.connectionsacademy.com (the “Web Site”), and the text, graphics, icons, and other content within the Web Site, you (hereinafter referred to as “the User” or “Users”) agree not to appropriate the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If the User is a minor, he or she shall be the responsibility of his or her parent/guardian, who shall ensure that the User adheres to the provisions herein.
Connections Academy reserves the right to change these Terms of Use at any time. The most current version is always available by clicking on the "Terms of Use" link located at the bottom of the Web Site’s home page. Any changes to these Terms of Use will become effective as soon as they are posted to the Web Site.
By using the Web Site, the User agrees to these Terms of Use, which are in effect at the time of use. If you, the User do not agree to these Terms of Use, please do not use the Web Site.
Permitted Use
The Web Site is to be used only for the purpose of enrolling in or obtaining more information about Connections Academy. Connections Academy grants the User a non-exclusive, non-transferable, limited license to access, display, and print the Web pages within the Web Site solely for personal, non-commercial purposes. This permission is conditioned on the User following all copyright, trademark, and other proprietary notices, and accepting any terms, conditions, and notices accompanying the Web Site.
The User may not remove, obscure, or alter the Web Site, in whole or in part, in any way. The User may not modify, publish, transfer, distribute, sub-license, rent, reproduce, create derivative works from, copy, duplicate, display, or in any way exploit the Web Site, in whole or in part, without prior written consent from Connections Academy. However, the User is free to encourage others to access the Web Site and is free to tell others how to access the Web Site.
The User may not use the Web Site in any manner that could damage, disable, overburden, or impair any Connections Academy server or the network(s) connected to any Connections Academy server. The User may not use the Web Site in any manner that interferes with another party's use and/or enjoyment of the Web Site. The User may not attempt to gain unauthorized access to accounts, computer systems, or networks connected to any Connections Academy server through hacking, password mining, or any other means. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site.
Proprietary Rights
The User acknowledges and agrees that the information available on this Web Site may be protected by various copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property rights and laws and may only be used as permitted by law and with the permission of the owner. Connections Academy reserves the right to terminate the User’s access to this Web Site in appropriate circumstances if the User infringes upon the intellectual property rights of either Connections Academy or any third party.
Copyrights
The Web Site’s contents are owned or controlled by Connections Academy, LLC, or the third party credited as the provider of the content and its contents may not be copied, reproduced, distributed or modified in any way without the express written consent of Connections Academy. All Users are fully responsible for their own use of the Web Site and for ensuring such use does not infringe on the rights of Connections Academy or third parties.
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Connections Academy's designated agent for notice of alleged copyright infringement in connection with the Web Site is: Farah Esmail at legal@connectionsacademy.com. To file a notice of infringement with Connections Academy, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office Web site, http://www.copyright.gov/.
Trademarks
The Web Site contains trademarks and service marks of Connections Academy and of third parties, and their marks may only be used in accordance with these Terms of Use, as permitted by law, and with the permission of the owner. Connections Academy has registered, or is in the process of registering a number of marks including Connections Academy®, the Connections Academy logo, Moving at the Speed of Learning®, Personalized Performance Learning®, LEAP Longitudinal Evaluation of Academic Progress & Design®, Longitudinal Evaluation of Academic Progress®, Teachlet®, and LiveLesson®. For permission to use the Connections Academy name or logo, any Connections Academy marks, or to obtain information on the third party owner, contact legal@connectionsacademy.com. Any use of any Connections Academy marks without the express written consent of Connections Academy, and any use of the Connections Academy name or logo without entering into the Connections Academy Trademark Agreement, are strictly prohibited.
Privacy and Protection for Children
The Web Site is not structured or intended to attract children under the age of 13, except under the guidance and supervision of an adult. A parent or guardian must provide consent in order for any child under the age of 13 to provide personal information to the Web Site and for Connections Academy to use that information.
For more information on the collection and use of personal information, click on the "Privacy Policy" link located at the bottom of the home page of the Web Site.
Links
The Web Site may contain links to other web sites or other resources that are provided for the User’s convenience. These linked sites are not under the control of Connections Academy, and Connections Academy is not responsible for the content available on third party linked sites. Connections Academy makes no representations, warranties, or other commitments whatsoever about any third-party web sites or third-party resources that may be referenced, accessible from, or linked to from the Web Site. A link to a non-Connections Academy web site does not mean that Connections Academy endorses the content or use of such web site or its owner. In addition, Connections Academy is not a party to or responsible for any transactions the User may enter into with third parties, even if the User learns of such parties (or uses a link to such parties) from the Web Site. Accordingly, the User acknowledges and agrees that Connections Academy is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
All links to the Web Site must be approved in writing by Connections Academy. Users shall direct any requests to link to the Web Site or concerns regarding links within the Web Site to legal@connectionsacademy.com.
Warranty and Other Disclaimers
Connections Academy is committed to ensuring the accuracy of all information included on the Web Site, subject to the following limitations:
Information on the Web Site is not promised or guaranteed to be correct, current, or complete, and may contain inaccuracies or typographical errors. Connections Academy assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, the User should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in the Web Site.
Connections Academy does not warrant that the functional aspects of the Web Site will be uninterrupted or error free, that defects will be corrected, or that the Web Site or the server that makes it available are free of viruses or other harmful components. Connections Academy is not responsible for any damages or injury caused by any error, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The User acknowledges that Connections Academy is not liable for any defamatory, offensive, infringing, or illegal materials or conduct, or such materials or conduct of third parties contained on the Web Site, and Connections Academy reserves the right to correct any errors or omissions and remove any materials from the Web Site without liability.
Disclaimer of Warranty
USE OF THE WEB SITE IS AT THE USER’S OWN RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CONNECTIONS ACADEMY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CONNECTIONS ACADEMY MAKES NO WARRANTY OR GUARANTEE THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE USER UNDERSTANDS AND AGREES THAT IF HE OR SHE DOWNLOADS OR OTHERWISE OBTAINS MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, HE OR SHE DOES SO AT HIS OR HER OWN DISCRETION AND RISK AND THAT HE OR SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO THE USER’S COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL CONNECTIONS ACADEMY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CONNECTIONS ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CONNECTIONS ACADEMY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Release
THE USER HEREBY RELEASES AND FOREVER DISCHARGES CONNECTIONS ACADEMY, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS AND DIRECTORS, AGENTS, SUCESSORS, AND ASSIGNS ("RELEASED PARTIES"), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO THE USER OR USER’S MINOR'S USE OF THE WEB SITE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU OR YOUR MINOR(S) MAY HAVE AS A RESULT OF HIS OR HER USE OF THE WEB SITE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
Indemnification
Upon a request by Connections Academy, the User agrees to defend, indemnify, and hold harmless Connections Academy and its affiliates, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, which arise from User’s use or misuse of the Web Site. Connections Academy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event the User will cooperate with Connections Academy in asserting any available defenses.
Governing Law, Choice of Law, and Forum
The use of the Web Site shall be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflicts of law rules. The User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to User’s use of the Web Site shall be filed only in the state or federal courts located in the State of Maryland, and the User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Except for other agreements signed by the User with Connections Academy, these Terms of Use constitute the entire agreement between the User and Connections Academy with respect to use of the Web Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination of Use
If the User violates these Terms of Use, he or she may be barred from using the Web Site in the future and/or may be subject to legal action.