The following is an agreement between Sapling Systems, Inc., d.b.a. Sapling Learning, a Delaware Corporation, with its principal office at 211 East 7th Street, 4th Floor, Austin, Texas 78701, U.S.A. ("Sapling Learning") and any person or other legal entity ("you", "your", and the "account holder") who wishes to use the Sapling Learning Educational Community Site (the "Site") and the service provided on the Site (the "Service"). This Sapling Learning Service Agreement ("Agreement") consists of the following provisions, any terms and conditions incorporated by reference, and the information provided by you as part of the Sapling Learning sign-up process.
By correctly completing and indicating your agreement in the registration process, you enter into the Agreement. This Agreement is effective upon registration, and governs your use of the Service and the Site.
Acceptance of Terms
Welcome to the Sapling Learning Educational Community Site. Everyone who uses the Service - even on a trial basis - is subject to this Agreement. You may not change, supplement or amend this Agreement in any manner. It is your sole responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws in using the Service.
Sapling Learning may unilaterally amend or supplement this Agreement from time to time on posting amended or supplemental terms as permitted in the manner described in this Agreement, and your continued use of the Service following any amendment or supplement shall constitute your acceptance of such amendments.
Description of Service
The Service consists of access to the Site, which provides tools that enable you to view online content (in the form of text, images, video, flash, etc), take online tests, do online homework assignments, create tests and online homework assignments, and/or create and administer online educational course(s). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement. The Service may not be used for any purpose not expressly permitted by this Agreement. You may not reproduce, copy, duplicate, sublicense, sell or resell any part of the Service.
You agree to: (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Sapling Learning, to keep it accurate, current, and complete; and (d) be responsible for all use of your account and for any actions that take place using your account, regardless of whether or not authorized by you. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sapling Learning has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sapling Learning has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You shall abide by all applicable local, state, federal, and foreign laws, treaties, and regulations in connection with your use of the Service and Site, including those related to data privacy. You agree to immediately notify Sapling Learning of any unauthorized uses of your account or any other breaches of security. Sapling Learning cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
All usernames and passwords remain the property of Sapling Learning and may be cancelled, changed, or suspended at any time by Sapling Learning without notice. Sapling Learning is not under any obligation to verify the actual identity or authority of the user of any username or password.
Ownership of Site Content and Limited License
1. All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the "Site Content"), is the property of Sapling Learning, its users, or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sublicensed, or sold in any form or by any means, in whole or in part, without Sapling Learning's prior written permission, except that (i) the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site, (ii) any Site Content provided by Third Parties for sale or license through the Site ("Third Party Content") is subject to the terms and conditions established by those Third Parties from time to time, as described on the Site ("Third Party License Terms"), and (iii) any Site Content with an explicit license attached is governed by the terms of that license.
2. Provided that you are eligible for use of the Site, you are granted, solely for your personal, non-commercial use, a limited, nonexclusive license to access and use, and to download and print a copy of any portion of the Site Content, other than Third Party Content, to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods.
3. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Sapling Learning or the applicable Third Party, as the case may be, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
Sapling Learning, graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or service marks of Sapling Learning. Trademarks and service marks used by Third Parties in association with the sale or license of their goods or services on the Site are the property of the respective owner.
Such trademarks and service marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.
Sapling Learning may from time to time charge fees for the use of the Service. Our fees, if any, are available on the Site. Unless otherwise stated, all of our fees are quoted in U.S. dollars. You are responsible for paying all fees associated with the use of the Service through your account, and for all applicable taxes.
The current refund policy for Sapling Learning can be found here.
You grant Sapling Learning and its employees, contractors and agents access to any grades or other information about your performance using the Services, or any other related information as deemed necessary by your instructor with respect to your use of the Services.
Storage of Data
You grant Sapling Learning the right to store your user information (which may include personally identifiable information), content and other materials collected, as necessary, on servers located in any jurisdiction including, but not limited to, inside and outside of the United States and Canada.
Content and Conduct Rules and Obligations
You are solely responsible for the content that you upload, publish, or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users of the Service or the Site, including Third Party Content (collectively the "User Content"). You may not post, transmit, or share on the Site or Service User Content that you did not create or that you do not have permission to post. You understand and agree that Sapling Learning may, but is not obligated to, delete or remove (without notice) any Site Content in its sole discretion, for any reason or no reason, including without limitation User Content that, in each case in the sole judgment of Sapling Learning, violates this Agreement, might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. Under no circumstances will Sapling Learning be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted, or otherwise made available via the Service.
You agree that you will not:
1. upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm others in any way in your use of the Site or Service;
3. impersonate any person or entity, including, but not limited to, a Sapling Learning official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site or Service;
5. upload, post or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights or other rights of any party;
7. upload, post or otherwise transmit any material that contains software viruses, Trojan horses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or create or impose a large burden or load on the Site or Service;
8. scan or test the vulnerability or security of the Site or Service
9. interfere with or disrupt the Site or Service or servers or networks connected to the Site or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law;
11. "stalk" or otherwise harass another;
12. promote or provide instructional information about illegal activities or promote physical harm or injury against any group;
13. offer for sale, sell, or otherwise make available through the Service any User Content (i) that violates any federal, state, provincial, foreign or local law or regulation, (ii) for which you do not have full power and authority to distribute, including all necessary licenses and authorizations, (iii) that Sapling Learning determines, in its sole discretion, is inappropriate for distribution through the Site or Service or (iv) otherwise violates the terms of this Section;
14. send any SPAM using the Service; or
15. exceed the scope of the Service that you have signed up for; by, for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing the comments or content of other persons.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Sapling Learning. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
License By You of Content
Unless specifically described otherwise in a separate written contract with Sapling Learning, by posting User Content (other than Third Party Content or student coursework/homework responses) to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to Sapling Learning an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense through multiple tiers of sublicensing) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose including, but not limited to, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Unless otherwise stipulated in a separate written agreement, you may remove your User Content from the Site at any time, except for comments you post on the Site and reviews of Site Content you post on the Site. If you need assistance, please contact us at email@example.com.
Complaints About User Content
Sapling Learning respects the intellectual property and other rights of others, and this Agreement prohibits users from uploading, posting, or otherwise transmitting on the Site or through the Service any materials that violate another party's intellectual property and other rights. Sapling Learning is not responsible for the conduct of its users. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department
Please include all of the following in your notification:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• a description of the copyrighted work you claim has been infringed;
• a description of where the material you claim is infringing is located on the site;
• your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
• 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 behalf of the owner of an exclusive right that is allegedly infringed.
Term and Termination
1. This Agreement commences when you access the Site or Service and continues until terminated by either Sapling Learning or you. Sapling Learning reserves the right to refuse access to the Site or Service to any person at any time for any reason, or for no reason. Termination of this Agreement does not terminate any agreement you enter into with a Third Party through the Site.
2. Sapling Learning may terminate this Agreement and your account, delete your profile and any Site Content, User Content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice. Without limiting the foregoing, it is our policy to terminate access to this Site of any user whom we determine to be a repeat infringer, of this Agreement or any third-party rights. Sapling Learning may also terminate your access to courses if your payment for those courses is not accepted by PayPal for any reason.
3. When your account is terminated by us or by you, any User Content that you have posted on the Site shall either be removed or shall stay on the Site. The license to your User Content that you grant to us in this Agreement will survive in perpetuity with respect to any User Content.
Technical, Customer, and Sales Support
Technical, customer, and sales support for Sapling Learning is provided via email or other online means and may not be provided in person or via phone.
Recognizing the global nature of the Internet, you agree to comply with all local laws, regulations, and rules (“Laws”) regarding your use of the Site, including, without limitation, Laws concerning online conduct, acceptable content, and laws regarding the transmission of technical data.
This Site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.
Indemnity and Release
You agree to defend, indemnify and hold harmless Sapling, and its affiliates, employees, officers, agents, directors and representatives ("Sapling Learning Parties") from any liability, cost, expense, loss, claim, or demand, (collectively, "Losses") including reasonable attorneys' fees, made by any party due to or arising out of your User Content, your use of the Service or Site, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law, rule or regulation, or the rights of a third party in connection with the Site or the Service.
You agree to release, and hereby do release, the Sapling Learning Parties from any claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more of our users or any Third Party providing goods and services through the Service.
Modifications to Service
Sapling Learning reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or prices with or without notice. You agree that Sapling Learning shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or the Site.
1. Sapling Learning is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Sapling Learning, by third parties, or by any of the equipment or programming associated with or utilized in the Site or the Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
2. Sapling Learning does not guarantee perpetual access to any purchased course materials. Courses may become unavailable due to the passage of time or upon request of the instructor of a course.
3. Sapling Learning assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Sapling Learning is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, bandwidth providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.
4. Under no circumstances will Sapling Learning be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or other content posted on or through the Site or Service, or any interactions between users of the Site, whether online or offline. You post User Content, including Third Party Content, on the Site at your own risk.
5. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Sapling Learning expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. Sapling Learning does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.
6. Any Site Content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
7. No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in the Agreement.
8. Sapling Learning reserves the right to change any and all Site Content, software and other items used or contained in the Site and any Services offered through the Site or Service at any time without notice.
9. 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, or any affiliation therewith, by Sapling Learning.
Limitation of Liability
IN NO EVENT WILL SAPLING LEARNING BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, AGGRAVATED, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, AND WHETHER ARISING OUT OF CONTRACT, TORT, NEGLIGENCE (INCLUDING STRICT LIABILITY), WARRANTY, INDEMNITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR THE SERVICE, EVEN IF SAPLING LEARNING IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAPLING LEARNING'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SAPLING LEARNING FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SAPLING LEARNING FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SAPLING LEARNING, REGARDLESS OF THE CAUSE OF ACTION.
Please report any violations of the Agreement to firstname.lastname@example.org
Copyright 2008-2013 Sapling Systems, Inc. All rights reserved.
Sapling Systems, Inc. 211 East 7th Street, 4th Floor, Austin, Texas, U.S.A.
All correspondence should be sent to: email@example.com