The Company’s network of web-sites and web pages (collectively, the “OnCourse Systems for Education Web Sites”) are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (collectively, the “Terms of Use”). Your use of the OnCourse Systems for Education Web Sites constitutes your agreement to all the Terms of Use. In the event that any of the Terms of Use conflict with the term of any Company invoice or other notice, then the Terms of Use shall control.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE ONCOURSE SYSTEMS FOR EDUCATION WEB SITES.

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.

Modifications to the Terms of Use. The Company reserves the right to change the Terms of Use under which the OnCourse Systems for Education Web Sites are offered. You are responsible for regularly reviewing the Terms of Use. Your continued use of the OnCourse Systems for Education Web Sites following the posting of any changes to the Terms of Use will mean you accept these changes.

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.

Usage of OnCourse Systems for Education Web Sites by Students. If a student is under the age of 13, a parent or legal guardian must give consent for the child to use the OnCourse Systems for Education Web Sites.

The Company collects limited personal information from minor students only where that student’s school, district, or teacher has contracted with the Company to collect personal information for the use and benefit of the learning environment.

The Company requires schools, districts, or teachers to obtain parental consent from parents.

If you believe that a student’s school, district, or teacher has not required parental consent prior to our collection of any personal information, contact us at

If you are a student, the following provisions also apply:

Be careful who you share your information with while using the OnCourse Systems for Education Web Sites.
You must get your parent or guardian to read these Terms before using the OnCourse Systems for Education Web Sites.
You will only register for and access the OnCourse Systems for Education Web Sites as a student registrant, and not as a teacher, parent, or any other category of user.
You will only access the OnCourse Systems for Education Web Sites using the access code or account given to you by your teacher or School. You may not use any access codes or Accounts which you receive from other students or which you did not receive directly from your School or teacher.

If you are accessing OnCourse Systems for Education Web Sites on behalf of a School or District, the following provisions also apply:

You represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act (COPPA), where applicable to you, which requires parental consent for online collection of personal information from children under 13.
Where applicable, you must obtain verifiable parental consent (“Consent”) from all parents whose children will be accessing OnCourse Systems for Education and provide a copy to us upon our request. For more information on COPPA, please see ftc.gov/privacy.
When obtaining Consent, you must provide parents with a copy of our Privacy Policy.
You will only grant access codes to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member’s employment with you, you will require such individual to return and cease using all access codes he or she has in his or her possession. If at any time you learn a user of OnCourse Systems for Education claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify OnCourse Systems for Education immediately.

If you are accessing OnCourse Systems for Education Web Sites as a Teacher, the following provisions also apply:

You represent and warrant that you have permission from your School or District to enter into these Terms, to use OnCourse Systems for Education as part of your curriculum.
You represent and warrant that you are solely responsible for complying with COPPA, where applicable to you, which requires verifiable parental consent for online collection of personal information from children under 13.
Where applicable, you must obtain Consent from all parents whose children under 13 will be accessing OnCourse Systems for Education and provide a copy to us upon our request. For more information on COPPA, please see ftc.gov/privacy.
When obtaining Consent, you must provide parents with a copy of our Privacy Policy.
If you are accessing OnCourse Systems for Education Web Sites as a Parent, the following provisions also apply:

You will only use the parent code(s) or account provided to you by your child, children’s teacher or School.
You understand that your acceptance of these Terms indicates that you are agreeing to these Terms both on your own behalf as well as on behalf of your child or children who use the OnCourse Systems for Education Web Sites. Children under 13 must not use OnCourse Systems for Education Web Sites until after a parent has accepted these Terms on their behalf.
User Generated Content

The Company does not control the messages, information or files delivered to Discussion, Feedback Boards and any other user generated content. You understand and agree that The Company has no obligation to monitor the Discussion, Feedback Boards or other user generated content . You also agree and understand that Subscribers choose to restrict or monitor your access to Discussion and Feedback Boards for any reason and you agree to bound by any such restrictions or monitoring.

Private Messages

If you are a student, teacher, or faculty member you may have the ability to chat with other students, teachers, or faculty members through private messages. Please be aware that any personal information you choose to share within these messages may be used by other members to send you unsolicited messages. We are not responsible for the personal information you choose to share within these messages. The chat permissions may be turned off or on for students under 13 by their school.

Privacy

Your use of OnCourse Systems for Education Web Sites is subject to the Company’s Privacy Policy. You may find the Privacy Policy by visiting http://www.oncoursesystems.com/privacy-policy.

Monitoring. You agree that the Company has the right to monitor the OnCourse Systems for Education Web Sites electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the OnCourse Systems for Education Web Sites properly, or to protect itself or its users in accordance with these Terms of Use.

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.

Subscription/Fee Based Services. Certain of the services made available on the OnCourse Systems for Education Web Sites may be offered by the Company on a payment basis (a “Pay Service”). Pay Services may be offered by the Company on a prepaid usage basis or on a periodic subscription (“Subscription”) basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the “Pay Service Account”). You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the “Fees”). Unless otherwise indicated on the relevant Company invoice, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services). All Fees are non-refundable. Upon advance notice to you, the Company reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees. The Company reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service or the OnCourse Systems for Education Web Sites at any time upon non-payment of fees, including without limitation, where the Company has determined, in its sole discretion, that your use of the Pay Service is, or was in breach of these Terms of Use. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies.

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.

Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a OnCourse Systems for Education Web Sites, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of the Terms of Use; (b) your access to or use of the OnCourse Systems for Education Web Sites; or (c) your use or reliance on, or publication, communication or distribution or anything on or from the OnCourse Systems for Education Web Sites. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control or any matter otherwise subject to indemnification by you.

Termination. You acknowledge and agree that the Company in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the OnCourse Systems for Education Web Sites upon your violation of these Terms of Use. You further agree that the Company shall not be liable to you or to any other person as a result of any such suspension of termination. If you are dissatisfied with any terms, conditions, rules, policies, guidelines, or practices of the Company, your sole and exclusive remedy is to discontinue using the OnCourse Systems for Education Web Sites.

General Provisions. This agreement is personal to you, and you may not assign your rights or obligations to anyone. The Terms of Use constitute the entire agreement between the Company and you pertaining to your use of the OnCourse Systems for Education Web Sites and supersede any prior agreements between you and the Company with respect to the subject matter hereof. The Company’s failure to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Term of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to the Terms of Use shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.

Applicable Laws: Your use of the OnCourse Systems for Education Web Sites shall be governed in all respects by the laws of the State of New Jersey without regard to conflicts of law principles. You also consent to the jurisdiction and venue of the courts of State of New Jersey, or of any federal court located in the District of New Jersey and waive to the right to contest jurisdiction and venue of the courts located in New Jersey on the grounds of inconvenience or otherwise and, further, waive any right to bring any action or proceeding arising out of, under or in connection with these Terms of Use in any court outside of New Jersey.