I. Acceptance of Terms
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
II. Intellectual Property Issues
The Site is owned by JASON Learning. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by JASON Learning.
Pursuant to the copyright and trademark laws of the United States, you agree:
- That you may only download Content that JASON Learning designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
- To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from JASON Learning, unless such use is pursuant to Part III of this agreement (Educational Use of Content).
- To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
- To refrain from framing or mirroring any portion of the Site.
- That by posting or submitting any text or other materials to the Site you grant JASON Learning a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.
- Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide JASON’s designated agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
JASON’s designated agent for notice of claims of copyright infringement on the Site is its Chief Operating Officer who can be reached as follows:
Chief Operating Officer
44983 Knoll Square, Suite 150
Ashburn, VA 20147
By Phone: 703-822-7238
THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.
III. Educational Use of Content
With respect to Content designated as available for download for educational purposes, librarians, teachers, support staff, administrators, and other staff of educational institutions are authorized to download, print, reproduce, and distribute such Content as may be beneficial for use in educational settings. This authorization extends only as far as is necessary to directly benefit students. Content subject to this Section may not be disseminated beyond the user’s particular educational institution and may under no circumstances be used for commercial purposes.
Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.
You may be required to register to access certain areas of our Site. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. JASON Learning has the right to suspend or terminate your account and refuse any and all current or future use of its Site if it suspects that such information is untrue, inaccurate, not current or incomplete.
You are responsible for maintaining the confidentiality of any password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify JASON Learning of any unauthorized use of your password or username or any other breach of security.
You agree to abide by any relevant terms and conditions of purchase supplied by JASON or any other parties on or through the Site, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to JASON Learning in connection with any purchase made on or through the Site will be true and accurate to the best of your knowledge.
All requests for service and support stemming from dealings with third party manufacturers or service providers should be made directly to such third party in accordance with their terms and conditions.
VII. Disclaimer of Warranties
The Site and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
Without limiting the generality of the foregoing, JASON Learning EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE SITE, AND INFORMATION POSTED ON THE SITE, INCLUDING BUT NOT LIMITED TO, (A) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (b) warranties against infringement of any third-party intellectual property or proprietary rights, (c) warranties relating to the transmission or delivery of the Site, (d) warranties relating to the accuracy, reliability, correctness, or completeness of the Site or other content made available on the Site or otherwise by JASON Learning, and (e) warranties otherwise relating to performance or other acts or omissions by JASON Learning or any third party. Further, there is no warranty that the Site will meet your needs or requirements or the needs ore requirements of any other person.
VIII. Limitation of Liability
You agree that JASON Learning’s sole and exclusive maximum liability arising from the Site and any product or service sold on the Site shall be the price of the product ordered. IN NO EVENT SHALL JASON Learning, ITS AFFILIATED ENTITIES OR PARTNERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO YOUR ACCESS TO OR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD ON OR THROUGH THIS SITE. IN THE EVENT THAT YOU HAVE a dispute with another user related to or arising from, or in any way connected with, the use of the Site, you release JASON Learning from any claims, demands, and damages of every kind and nature arising out of or in nay way connected with such a dispute.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if JASON Learning has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, JASON Learning’s liability in such jurisdictions shall be limited to the extent permitted by law.
IX. User Submissions
You acknowledge that due to the immediate nature of this medium, JASON Learning does not and cannot review, censor, approve, edit, or endorse information or materials placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. JASON Learning may, but is not obligated to, review user postings from time to time and will take steps to remove inappropriate postings that come to its attention. JASON Learning will have no liability related to information posted on the site, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity or otherwise. The Site may provide, or third parties may provide, links to other sites or resources. Because JASON Learning has no control over such sites and resources, you acknowledge and agree that JASON Learning is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that JASON Learning shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.
X. User Conduct
All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by JASON Learning to do so.
Conduct by any user that, at the discretion of JASON Learning, restricts or inhibits any other user from using or enjoying the Site will not be permitted. You acknowledge that by providing you with the ability to view and distribute communications and materials on or through the Site, JASON Learning is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, JASON Learning reserves the right to refuse access to the Site to any user, and to block or remove communications or materials submitted by any user, for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or submitted communications or materials that may be (a) abusive, defamatory, invasive of privacy, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of trademark, copyright or other intellectual property right of another, (d) in violation of any law or regulation, or (e) offensive or otherwise unacceptable to JASON Learning in its sole discretion.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, JASON Learning RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to assume full and sole responsibility for any postings you make to the Site.
You agree to indemnify, defend, and hold harmless JASON Learning; its parent or managing organizations; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. JASON Learning reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with JASON Learning in asserting any available defenses.
XII. Choice of Law; Arbitration of Disputes
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Virginia, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the District of Columbia, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate-of-interest, to the successful party. There will be no consolidation or joinder of any dispute subject to arbitration hereunder with any arbitration or legal proceeding involving third parties or other disputes between the parties hereto. It is expressly understood and agreed by the parties that the findings of the arbitrator(s) will be conclusive on them, their successors, heirs and assigns and may be entered as a judgment in a court of record. The arbitrator(s) will have no authority to award punitive or exemplary damages or any other monetary damages not measured by the prevailing party’s actual damages. This section shall not prohibit any party from seeking injunctive relief from a court of competent the other party.
Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S in the manner described here. If JASON Learning is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse JASON Learning for its respective legal fees, costs, and disbursements if JASON Learning is successful.