Last Updated: March 30, 2010
In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms. You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by LearnBoost in the user interface for any Service, or by actually using the Service. In this case, you understand and agree that LearnBoost will treat your use of the Service as acceptance of the Terms from that point onwards.
You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with LearnBoost, or (b) you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.
You agree not to do any of the following while using the Site, Content, Files or Services:
Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Content, Files or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by LearnBoost or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, Files or Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, Files or Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on LearnBoost’s computer system, those systems of LearnBoost’s providers, or otherwise use the Site, Content, Files or Services to attempt to distribute malware; or
Impersonate or misrepresent your affiliation with any person or entity.
LearnBoost will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. LearnBoost may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service.
You acknowledge that LearnBoost has no obligation to monitor any user’s access to or use of the Site, Content, Files and Services, but has the right to do so for the purpose of operating the Site and the Services, to ensure users’ compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
LearnBoost is providing Member with an online gradebook service. Member must provide (1)all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
The site is provided by LearnBoost on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, LearnBoost makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. LearnBoost shall have no liability for any interruptions in the use of this Website. LearnBoost disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
LEARNBOOST SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR LearnBoost SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF LearnBoost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME | JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold LearnBoost, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
All Members of the Service shall receive a password and an account. You are responsible for safeguarding the password that you use to access the Site, Content, Files and Services. You agree not to disclose your password to any third party.
Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify LearnBoost of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of LearnBoost. You acknowledge that if you wish to protect your transmission of data and/or files to LearnBoost, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Files and Services.
LearnBoost reserves the right to modify or discontinue the Service with or without notice to the Member. LearnBoost shall not be liable to Member or any third party should LearnBoost exercise its right to modify or discontinue the Service. Member acknowledges and accepts that LearnBoost does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is LearnBoost.com, will all rights reserved, or is the property of LearnBoost and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of LearnBoost is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of LearnBoost.
LearnBoost™ and LearnBoost.com™ are proprietary marks of LearnBoost.com. LearnBoost’s trademarks may not be used in connection with any product or service that is not provided by LearnBoost, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LearnBoost.
All other trademarks displayed on LearnBoost’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with LearnBoost.
LearnBoost respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, LearnBoost.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Email: support@LearnBoost.com
LearnBoost retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, LearnBoost reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
If you violate any of these Terms of Service, your permission to use the Site, Content, Files and Services will automatically terminate. LearnBoost reserves the right to revoke your access to and use of the Site, Content, Files and Services at any time, with or without cause, and with or without notice. LearnBoost also reserves the right to cease providing or to change the Site, Content, Files or Services at any time and without notice.