Terms and Conditions of Use for Achieve3000® Learning System
Welcome to the Achieve3000 Learning System, the Internet-based learning system that integrates technology into the classroom curriculum!
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE.
1. Your Agreement
These Terms govern (i) your use of the Website, (ii) your receipt of and participation in Achieve3000 Learning System services through the Website (the “Services“), and (iii) your use of content obtained through the Site or via the Services (the “Content“). Please read these Terms carefully; they impose legal obligations on you and on Achieve3000, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
2. Relationship with Your School
Achieve3000 enters into relationships with School Districts, whereby Achieve3000 agrees to provide students and others in the School District with access to its Services and Content (a “School District Agreement“). If your School District has entered into this type of agreement with Achieve3000 (a “Participating School District“), then you are eligible to receive the benefits of these Services and Content.
Rest assured that we have explained these Terms to each Participating School District, and have obtained written confirmation from each District that these Terms are consistent with the District’s educational goals and policies.
3. Obtaining a Password; Use of Your Password
Please register at this Site to obtain a user id and a password. You are eligible for a user id and password if you are within a Participating School District, and you are either (i) a student; (ii) the parent of a student; (iii) a teacher, or (iv) an administrator. You will use your user id and password to access the password-protected areas of our Website, and obtain Services and Content.
Please keep in mind that we will treat anyone who uses your password as “you.” We will provide this user with all of the rights and privileges that we provide to you. Therefore, we recommend that you maintain your user id and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services and your participation on our Website. We also recommend that you notify us immediately if you suspect that someone is using your password in this manner.
4. Grant of Rights to Site Visitors
As a Site Visitor, you are granted the right to access all areas of the Website other than the password-protected areas (“Permitted Visitor Areas“). You may access and view Permitted Visitor Areas for your personal and non-commercial use for educational purposes only, and you may not modify, copy, distribute, or otherwise use Content or Services available on these Areas.
5. Grant of Rights to Authorized Users
In this Section, Achieve3000 gives to Authorized Users – meaning Participating School District students, parents of students, teachers, and administrators (for purposes of this section only, “You” and “Your“) – all of the rights and privileges they will need to participate fully in the educational and communications goals of our Achieve3000 Learning System. In this section we also impose restrictions on Your use of our Content outside the Learning System. Similar to a “library” that keeps track of books it has lent, and limits circulation to users with library cards, we prohibit circulation of our Content and Services to users who do not have passwords, as further detailed below.
5.1 Rights to Access and Use for Educational Purposes
Subject to Your compliance with these Terms, Achieve3000 hereby grants You the right to access and use the Website, and the Services and Content we offer to Your school through the Website. Your rights are strictly limited to personal, educational, and non-commercial use, in connection with Your schoolwork.
5.2 Right to Print Content for Classroom Use
Subject to Your compliance with these Terms, Achieve3000 hereby grants You the right to make copies of the Licensed Content, so long as: (i) You make and use the copies solely for educational purposes with other Authorized Users, (ii) You use the copies within a classroom or other educational setting where only Authorized Users are present (with the exception of incidental persons who may be present in de minimis numbers); (iii) the number of copies You make is reasonable in light of such purposes; and (iv) You retain all copyright or other proprietary notices on the copies.
5.3 Duration of Rights
You will continue to enjoy your rights under Section 5.1 (Rights to Access and Use for Educational Purposes) and Section 5.2 (Right to Print Content for Classroom Use) for the duration of the applicable School District Agreement, unless Your password is revoked or suspended for misconduct, as set out in Section 10 (Revocation or Suspension of Use Privileges).
6. Achieve3000 Ownership; Reservation of Rights
The information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property on the Website, or embodied in the Services or the Content, are the proprietary property of Achieve3000 and its licensors, and are protected by U.S. and international copyright and other intellectual property laws. Achieve3000 retains all rights with respect to the Website, the Services, and the Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material on the Website except as expressly allowed in Section 5.2 (Right to Print Content for Classroom Use), or unless specifically authorized in writing by Achieve3000.
7. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party Websites (collectively “Linked Sites“). Achieve3000 has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Achieve3000 does not endorse the content of any Linked Site, nor does Achieve3000 warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
Although we take no responsibility for Linked Sites, if you experience a problem with a Linked Site, please let us know at email@example.com, and we will investigate the link and take appropriate action.
8. Code of Conduct
Our Site provides chat rooms, bulletin boards, email services, and other services that allow you to interact with other Authorized Users (“Interactive Services“). As a condition to your use of the Website, the Services, and the Content, including the Interactive Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site, such as through sending “spam” email.
- Seek to obtain access to any materials or information through “hacking” or through other means we have not intentionally made available to you through the Website.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. For example, you will not display or distribute messages that harass an individual or group because of their sex, race, religious beliefs, national origin, physical attributes or sexual preference.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
- Disseminate materials that invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Distribute — outside the group of Authorized Users within your class and School District — information these Users have submitted for use on the Website.
- Transmit or display obscene materials, particularly those that contain child pornography or other pornographic images or content.
- Frame, or assist third parties in framing, any of the Web pages contained in the Website. Such framing is strictly prohibited under these Terms.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Create direct or indirect links where you lack permission.
- Seek to use for financial gain the Website, related computer facilities, or information available on the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website, Services, or Content to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
We will enforce the above Code of Conduct as we deem necessary. Please understand, however, that Achieve3000 does not control – and does not necessarily endorse — the content, messages, or information found in any Interactive Service. When you participate in the Interactive Services, you do so at your own risk, and we expressly disclaim responsibility for the content, messages, or information found in these Services.
9. Monitoring of Interactive Services; Removing Postings
Although we have no – and assume no — obligation to monitor activities on our Website, please understand that we employ filters designed to detect and block the transmission of messages that contain sexually explicit or otherwise inappropriate language. We notify teachers when we detect the use of such language. We reserve the right to refuse to post, or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct.
10. Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your access to some or all of the Interactive Services or the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
11. Privacy and Your Disclosure of Information in Interactive Areas
12. Submitted Content
If you post content to our Website, by electronic mail or otherwise, we will treat the content as non-confidential and nonproprietary to you. By posting content on the Website, you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we deem warranted (collectively, “Use Rights“). Moreover, in posting this content to our Website, you warrant that you have sufficient authority and right to post the information, and provide these Use Rights.
13. Warranty Disclaimer
Achieve3000 does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on it. The Site, and all Services and Content within them are delivered on an “AS IS” and “AS AVAILABLE” basis. Achieve3000 does not warrant or represent that files you download from the Achieve3000 sites will be free of viruses or other harmful features. ACHIEVE3000 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE ACHIEVE3000 SITES AND RELATED SERVICES IS AT YOUR SOLE RISK.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL ACHIEVE3000 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE ACHIEVE3000 SITE, THE SERVICES, OR THE CONTENT. IN NO EVENT SHALL ACHIEVE3000’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE ACHIEVE3000 SITE, THE SERVICES, OR THE CONTENT EXCEED THE GREATER OF: (I) $250.00 OR (II) THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO ACHIEVE3000 FOR ACCESSING THIS SITES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
You agree to defend, indemnify, and hold Achieve3000 and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
16. Contact for Alleged Copyright Infringement
Achieve3000 respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Achieve3000 Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a “Work“), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
1985 Cedar Bridge Avenue
Lakewood, NJ 08701
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
17. Access to the Achieve3000 Site
You are solely responsible for the costs of obtaining access to the Achieve3000 Site. That access may involve third-party fees (such as Internet Service Provider or airtime charges), as well as necessary equipment.
18. Additional Terms for Certain Services or Sites
We may offer certain Achieve3000 Websites or services that are subject to additional or different terms and conditions. We will notify you if the site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.
19. Modifications to these Terms
For the duration of the School District Agreement under which you are an Authorized User, we will not modify your rights or obligations under these Terms in any material respect without obtaining your consent. Modifications to these Terms shall take effect proactively with respect to Site Visitors once they access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms of Service shall not be assignable by you, either in whole or in part. Achieve3000 reserves the right to assign its rights and obligations under these Terms.
These Terms shall be governed in all respects by the laws of the State of New Jersey without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of New Jersey, in the judicial district that includes Lakewood, New Jersey. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Achieve3000’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Achieve3000 and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
- Section 6 (Achieve3000 Ownership; Reservation of Rights)
- Section 12 (Submitted Content) (with respect to Use Rights)
- Section 13 (Warranty Disclaimer)
- Section 14 (Limitation of Liability)
- Section 15 (Indemnity)
- Section 20 (Assignment)
- Section 21 (General)
- Section 22 (Survival)
23. Contact Us
You may contact us for any reason at the following addresses:
1985 Cedar Bridge Avenue
Lakewood, NJ 08701
24. Effective Data
The effective date of these Terms is March 7, 2006.