Terms of Use Customer Websites

ACCEPTANCE OF THESE TERMS OF USE

This Apex Learning® website is owned and operated by Apex Learning Inc.

Certain Apex Learning websites are accessible to the general public ("Apex Learning Corporate Websites"). Other Apex Learning websites are restricted to those who are authorized to access them by Apex Learning and have a user name and password ("Apex Learning Customer Websites"). These Terms of Use govern the Apex Learning Customer Websites, and include any Apex Learning curriculum offering made available through such websites (the "Apex Curriculum"). Your use of these Apex Learning Customer Websites is subject to these Terms of Use.

Please read these Terms of Use carefully before using this Apex Learning website.

In these Terms of Use, Apex Learning Inc. is referred to as "Apex Learning," "we," "us," or "our" and you, the end user, are referred to as "you" or "your."

By using the Apex Learning Customer Websites, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use the Apex Learning Customer Websites.

The Apex Learning Corporate Websites are accessible to the general public and provide fewer features, services and content from what is available on the Apex Learning Customer Websites. Accordingly, they are governed by their own terms of use. The Terms of Use for the Apex Learning Corporate Websites can be found here.

MODIFICATION OF THESE TERMS OF USE

We reserve the right, at our discretion, to modify these Terms of Use at any time. Your continued use of the Apex Learning Customer website after we have posted notice of changes to these Terms of Use constitutes your agreement to such changes.

ACCESS TO APEX LEARNING CUSTOMER WEBSITES — USER NAMES AND PASSWORDS

Access to the Apex Learning Customer Websites requires a user name and password. You agree to keep your user name and password confidential, that is, not to disclose it to others. If you are a customer of Apex Learning, or the student of an Apex Learning customer, you may be asked to provide certain information in order to obtain your user name and password. You agree to provide complete and accurate information when communicating with Apex Learning to obtain your user name and password. You also agree that it is your responsibility to provide us with updates to that information if it should change during the time period while you are granted access.

Without limiting the foregoing, you agree that: (1) you will provide only your own name when obtaining a user name; (2) you will not falsify your name or other information, submit bogus information, or impersonate another person; (3) you will use only your own user name and password to gain access to the Apex Learning Customer Websites; (4) you are responsible for maintaining the confidentiality of your user name and password; (5) you will not aid anyone in gaining unauthorized access to the Apex Learning Customer Websites; and (6) you will only access or try to access the Apex Learning Customer Websites to which we have granted you access.

You agree to notify Apex Learning of any known or suspected unauthorized use(s) of your user name or password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user name or password as soon as possible after discovery.

AUTHORIZED USE OF CONTENT

All content on the Apex Learning Customer Websites is owned by Apex Learning and its licensors and protected by U.S. and international copyright and other intellectual property laws.

If you are a student, teacher or school administrator and have a currently valid user name and password, you may access, use and download and make machine-readable or print copies of the content on the Apex Learning Customer Websites to which you are granted access (including, if you are a student, content for the Apex Curriculum in which you are enrolled): (a) solely for your own educational, non-commercial use, if you are a student, or (b) if you are a teacher or an administrator, solely for educational, non-commercial use by you with your students, provided that you agree to share Apex Curriculum content only with those students of yours who are also enrolled in that same Apex Curriculum.

From time to time, Apex Learning provides user names and passwords to individuals for demonstration purposes. If you are a person to whom Apex Learning has provided a currently valid user name and password so that you could access the Apex Learning Customer Website for demonstration purposes, you may access the content on the Apex Learning Customer Website to which you are granted access solely to evaluate whether to become a customer of Apex Learning (a "Prospective Customer Evaluation") or to evaluate the Apex Learning Customer Website for non-commercial purposes.

If you are not described by the preceding two paragraphs, you are not authorized to access or use the Apex Learning Customer Website.

You agree not to access or use Apex Learning Customer Website content for any commercial purpose (other than, as applicable, to conduct a Prospective Customer Evaluation) and you agree that you will use of this content only in the manner expressly authorized in these Terms of Use.

You agree to maintain all copyright and other notices included in any Apex Learning Customer Website content that you copy.

In addition, you agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Apex Learning Customer Websites, and you agree not to use any network monitoring tools to determine site architecture or extract information about website usage or users.

Apex Learning reserves all rights not expressly granted to you in these Terms of Use. No additional rights are granted by implication, estoppel or otherwise.

STUDENT CODE OF CONDUCT

If you are a student enrolled in the Apex Curriculum, you agree to comply with our Student Code of Conduct with respect to your participation in such Apex Curriculum. The Student Code of Conduct is incorporated into these Terms of Use by this reference. Please read it now by clicking on the preceding link. Apex Learning may terminate your access to the Apex Learning Customer Websites at any time, with or without notice, for any violation by you of these Terms of Use, including our Student Code of Conduct.

INFORMATION OR CONTENT PROVIDED BY YOU

Certain portions of the Apex Learning Customer Websites allow you to upload, post or publish information, data or other content ("Your Content"). For example and without limitation, students may submit work, participate in online discussions, chats or message boards, or exchange information with teachers; teachers may grade and provide feedback on student work, participate in online discussions, chats or message boards, or exchange information with students.

You agree that you will not upload, post or publish false, misleading, abusive, degrading or unlawful content on the Apex Learning Customer Websites, or content that violates the rights of any other person or that gives rise to liability under any local, state or federal law or regulation. Without limiting the foregoing, you agree not to upload, post or publish content that:

   • is defamatory, libelous, pornographic, or obscene;

   • insults, harasses, threatens or attacks another (including continuous posting of unwelcome messages to another person);

   • includes profane language;

   • uses hate speech; or

   • violates another’s privacy rights, rights of publicity or other rights.

You also agree to abide by the following guidelines in any online exchanges you have with others on the Apex Learning Customer Websites:

   • Avoid sarcasm and slang. Swear words are unacceptable.

   • Never use derogatory comments, including those regarding race, age, gender, sexual orientation, religion, ability, political persuasion, body type, physical or mental health, or access issues.

   • Focus your responses on the questions or issues being discussed, not on the individuals involved.

   • Be constructive with your criticism, not hurtful.

   • Review your messages before sending them. Remove easily misinterpreted language and proofread for typos.

   • Respect other people's privacy and never reveal email addresses.

Apex Learning may remove Your Content from the Apex Learning Customer Websites at any time, without your permission. You also agree not to misrepresent your identity and not to advertise or solicit goods, services or funds on the Apex Learning Customer Websites.

If Your Content includes personal information, we will use that information in accordance with our Privacy Policy. In any event, information provided by you may be shared with your school and the institution (such as your school, school district, state department of education or other educational organization) or individual (such as a parent or guardian) funding your participation in the Apex Curriculum (your "Sponsoring Organization"), as well as others to whom Apex may be required to share it by law or regulation.

Please keep in mind that whenever you give out personal information online, for example, via message boards, forums, or chats, that information can be seen by people that you do not know, such as other students who use Apex Learning Customer Websites, and we do not control their use of that information.

Apex Learning may, but is not required to, monitor, edit, or delete your or others’ postings on the Apex Learning Client Websites for any reason or no reason.

INFORMATION OR CONTENT PROVIDED BY OTHERS

The Apex Learning Customer Websites may include third party content (including postings by others in areas where users may interact). You agree that Apex Learning does not endorse and is not responsible for such third party content and shall have no liability for third party content, including content that is false, misleading, abusive, degrading or that violates any local, state or federal law or regulation, is defamatory, libelous, pornographic, obscene, insulting, harassing, threatening, profane or that includes hate speech or violates another’s privacy rights, rights of publicity or other rights.

HARDWARE/SOFTWARE

The Apex Learning Customer Websites are made available to you over the Internet through a web-browser interface. To access these websites (including the Apex Curriculum), therefore, you must have a suitable Internet connection and access to an appropriately configured computer, as well as an appropriately configured computer network (where applicable).

LABORATORY ACTIVITIES

For any Apex Curriculum that includes hands-on laboratory activities, the student’s Sponsoring Organization or school is responsible for all such activities, including ensuring that qualified personnel are available to supervise the activities. You agree that Apex Learning has no liability whatsoever with regard to any such hands-on laboratory activities and you hereby waive any claims you may have against Apex Learning with respect to such activities.

DIGITAL MILLENNIUM COPYRIGHT ACT – PROVIDING NOTIFICATION OF ALLEGED INFRINGEMENT

If you believe that your work has been used or is accessible on any Apex Learning Customer Website in a way that constitutes copyright infringement, you may notify Apex Learning by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material on the website that you claim is infringing, and information reasonably sufficient to permit Apex Learning to locate the material; (4) information reasonably sufficient to allow Apex Learning to contact you, such as your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Apex Learning's agent for notice of claims of copyright infringement for the Apex Learning websites can be reached by mail at: Apex Learning Inc. 1215 Fourth Ave., Suite 1500 Seattle, WA 98161; Attn: Controller, Finance Department.

Apex Learning reserves the right to remove any material from the Apex Learning Customer Websites that allegedly infringes another person’s copyright.

CUSTOMER WARRANTY DISCLAIMERS

THE APEX LEARNING CUSTOMER WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THERE IS NO WARRANTY: THAT ACCESS TO THE APEX LEARNING CUSTOMER WEBSITES WILL BE ERROR FREE OR UNINTERRUPTED; THAT THE INFORMATION ON THE APEX LEARNING CUSTOMER WEBSITES WILL BE ACCURATE, COMPLETE OR RELIABLE; THAT THE APEX LEARNING CUSTOMER WEBSITES WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL SOFTWARE CODE; OR OF TITLE OR NON-INFRINGEMENT.

APEX LEARNING HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES IN CONNECTION WITH THE APEX LEARNING CUSTOMER WEBSITES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER AS TO THIRD PARTY WEBSITES

Apex Learning, its affiliates, officers, directors, employees and agents also disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Apex Learning Customer Websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. Apex Learning is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in any third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements.

Apex Learning does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Apex Learning Customer Websites. Apex Learning does not make any representation or warranty about the security of any information, including, without limitation, credit card and other personal information, you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party company or advertiser.

LIMITATION OF LIABILITY

APEX LEARNING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THE APEX LEARNING CUSTOMER WEBSITES.

IN NO EVENT WILL APEX LEARNING’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE APEX LEARNING CUSTOMER WEBSITES EXCEED ONE HUNDRED U.S. DOLLARS (US$100), REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF ANY CLAIM AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNITY

YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD HARMLESS APEX LEARNING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, ARISING IN CONNECTION WITH YOUR USE OF THE APEX LEARNING CUSTOMER WEBSITES, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS OF USE, AND INCLUDING IN CONNECTION WITH ANY INFORMATION OR CONTENT THAT YOU UPLOAD, POST OR PUBLISH ON THE APEX LEARNING CUSTOMER WEBSITES.

TRADEMARKS

APEX LEARNING®, the APEX LEARNING logo, CLASSTOOLS®, CLASSTOOLS ACHIEVE®, CLASSTOOLS VIRTUAL™, and LITERACY ADVANTAGE® are trademarks or registered trademarks of Apex Learning Inc., along with the names and/or logos of other Apex Learning products and services referenced herein.

GOVERNING LAW, JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state or federal courts located in King County, Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

SEVERABILITY

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from these Terms of Use and such severance will not affect the validity and enforceability of any remaining provisions.

PRIVACY POLICY

Our Privacy Policy applies to the information we may collect from the Apex Learning Customer Websites and the Apex Learning Corporate Websites.

VIOLATION OF THESE TERMS OF USE

We reserve all remedies available to us for any violation of these Terms of Use, including but not limited to the right to block access to Apex Learning Customer Websites from a given internet address.

CONTACT INFORMATION

If you have questions or concerns regarding these Terms of Use, please contact our Support Team at: Apex Learning Inc. 1215 Fourth Ave., Suite 1500 Seattle, WA 98161 or via email at: support@apexlearning.com. In the U.S. you may also call us toll-free at: 1 (800) 453-1454.

Copyright © 2016 Apex Learning Inc. Apex Learning®, the Apex Learning logo, ClassTools®, ClassTools Achieve®, ClassTools Virtual™, and Literacy Advantage® are either registered trademarks or trademarks of Apex Learning Inc.