AGREEMENT BETWEEN USER AND ONCOURSE SYSTEMS FOR EDUCATION (the "Company")
Grant of License. The Company grants you a limited, non-exclusive, non-transferable license to use and display on your computer or other electronic device, the OnCourse Systems for Education Web Sites for your own personal and non-commercial use only. You may display, download and print hard copy portions of the material from the OnCourse Systems for Education Web Sites. Any other use of the materials on the OnCourse Systems for Education Web Sites, including, but not limited to the modification, reproduction, distribution, republication, display or transmission, without the prior written consent of the Company is expressly prohibited.
Registration, Accounts and Passwords. Certain of the services and features made available on the OnCourse Systems for Education Web Sites may require registration or subscription. Should you choose to register or subscribe, you agree to provide accurate and current information as required by the registration or subscription process, and to promptly update such information as necessary to insure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the OnCourse Systems for Education Web Sites, and (b) all activities that occur under such password or account. The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your failure to comply with this section.
Copyrights and Trademarks. The entire content included in the OnCourse Systems for Education Web Sites, including, but not limited to, text, design, graphic interfaces, code and the selection and arrangement thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of the Company. The collective work includes works that are licensed to the Company and all rights are expressly reserved. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to the Company.
User Participation. The Company does not and cannot review all communications and materials posted to the OnCourse Systems for Education Web Sites and is not in any manner responsible for the content of these communications and materials. In consideration of the availability of the OnCourse Systems for Education Web Sites, you agree not to: (a) post, transmit, link to, or otherwise distribute any materials, information or content constituting advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the OnCourse Systems for Education Web Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using the OnCourse Systems for Education Web Sites; (b) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or (c) post, transmit, link to, or otherwise distribute any information, materials or content which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
Content Linked to the OnCourse Systems for Education Web Sites. Please exercise discretion while browsing the Internet. Please note that certain links on OnCourse Systems for Education Web Sites may take you to other websites. The Company provides these links only as a convenience and not as an endorsement by the Company. These linked sites are not necessarily under the control of the Company. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The Company is not responsible for the content of any such linked sites or any other web page which is not part of OnCourse Systems for Education Web Sites and under the Company's control. Unless otherwise expressly provided, the Company makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that the Company will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the OnCourse Systems for Education Web Sites.
DISCLAIMER. THE ONCOURSE SYSTEMS FOR EDUCATION WEB SITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS PROVIDED THEREIN, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, CODES AND LINKS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OR DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONCOURSE SYSTEMS FOR EDUCATION WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONCOURSE SYSTEMS FOR EDUCATION WEB SITES OR THE SERVER THAT MAKES THE ONCOURSE SYSTEMS FOR EDUCATION WEB SITES AVAILABLE ARE FREE OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE ONCOURSE SYSTEMS FOR EDUCATION WEB SITES OR THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER THE COMPANY HAD BEEN ADVISED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE SCHOOLWORK SITE WEBSITES, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE SCHOOLWORK SITE WEB SITES OR ANY OF THE SERVICES.
You expressly acknowledge that the Company has entered into this agreement, and has and will make the OnCourse Systems for Education Web Sites available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and the Company. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.