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OPENEDX TERMS OF USE

The ACT Internet site is maintained by ACT, Inc., as a service to individuals and the educational and business communities who use the Internet. Access to and use of the ACT Internet site are subject to the terms and conditions set forth herein and all applicable laws. These terms and conditions may be revised or updated by ACT, Inc.

  1. BINDING EFFECT. This is a binding agreement. By registering for, accessing, browsing or using this Internet Site (the "Site") or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by ACT Inc. ("ACT") from time to time in its sole discretion. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

    YOU AGREE THAT BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. YOU HEREBY REPRESENT THAT (i) YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT; AND (ii) IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD'S USE OF THE WEBSITE. THIS SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU VIOLATE ANY PORTION OF THIS PROVISION, ACT WILL IMMEDIATELY CANCEL YOUR REGISTRATION AND/OR RESTRICT YOUR ACCESS TO THE SITE.

  2. PRIVACY POLICY. ACT respects your privacy and permits you to control the treatment of your personal information. A complete statement of ACT's current privacy policy can be found at https://www.act.org/privacy.html. ACT's privacy policy is expressly incorporated into these Terms of Use by this reference.

    Notice to International Users: Your personally identifying information may be transferred outside of your home country to the United States to ACT or a third party service provider for processing and will be subject to use and disclosure under the laws of the United States. It may also be accessible to law enforcement and national security authorities in the United States. You voluntarily register for and use the Service and in doing so you provide personally identifying information to ACT and/or third party service providers, some of which is mandatory. If you do not provide certain personally identifying information that is mandatory, such as name, gender, address and date of birth, you may not be able to complete your registration for the Service. For a full description of ACT's privacy policy and practices please review the ACT Privacy Policy available at: (www.act.org/privacy.html). When you register for the Service, you consent to the ACT Privacy Policy, which is incorporated into these Terms by this reference, including consenting to the collection of personally identifying information and its subsequent use and disclosure. Any questions about the ACT Privacy Policy or this notice should be directed to our Data Protection Official, Vice President, Data Management at DPO@act.org.

  3. ACCOUNT REGISTRATION. You are required to create an account to use all the features of the Site or Service. In order to create an account. You will be asked to provide your email address, and create a username and password. You have the option of providing additional personal and/or demographic information, but it is not required to use some features of the Site. Any user under the age of 18 that begins the registration process for himself or herself without a parent or guardian may have the registration process restricted until a parent or guardian approves or assumes responsibility for the child's account. If you are a parent or guardian, you may create, register, manage and approve Service accounts only for your own children, or children for whom you are a legal guardian.

    IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD'S PARENT OR LEGAL GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SERVICE BY THE CHILD.
    You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify ACT immediately on any unauthorized use of your account, user name, or password. ACT shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by ACT, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

  4. USE OF EDUCATIONAL RESOURCES. ACT may make certain educational resources and opportunities available to you from the Site. Some of these resources and opportunities may be available for access through the Site while others may only be accessed by having a subscription from the underlying content owner. All educational resources and/or opportunities made available by using the Site, such educational materials, including all data, files and images contained in the resources and all accompanying data (collectively, "Resources") are owned by their respective content owner. To the extent that such Resources are made available for download from the Site, you agree that your use of such Resources is subject to the applicable license agreement and all applicable restrictions from their respective content owner. In addition, as between you and ACT, your use and access to such Resources is further restricted as follows. You agree to use all such Resources for your personal, educational and noncommercial use only if you are a teacher you have a right to use the Resources in your classroom and to distribute to your students; and if you are a student, you have a right to use the Resources for your personal educational purposes. You may not sell, redistribute, or reproduce the Resources for any commercial purpose. ACT does not transfer either the title or the intellectual property rights to the Resources, and the respective content owner retains full and complete title to the Resources as well as all intellectual property rights therein.

  5. RESOURCE METADATA. The Resources are presented, categorized and classified using relational metadata compiled and analyzed by ACT. All such relational metadata and all other related ontology information, order and classification of Resources, presentation categories for Resources and grouping and relation to standards, and any other classification, grouping or display parameters for Resources and standards presented on the Site, as well as the color scheme and the layout of the Site (collectively "Site Parameters and Metadata"), are owned by ACT and subject to copyright, trademark rights, database rights and/or other intellectual property rights. You are only permitted to use Site Parameters and Metadata as strictly required for searching, locating and accessing Resources through the Site as permitted above and for no other purpose. Any other use, access to and/or reproduction of Site Parameters and Metadata, without the prior written consent of ACT, is prohibited and will constitute a breach of this Agreement and will infringe ACT's intellectual property rights. All trademarks and logos are owned by ACT or its licensors and you may not copy or use them in any manner.

  6. USER CONTENT. You grant ACT a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting ACT a license to use your User Content in connection with the operation of the Internet business of ACT, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content and sublicense it to other users of the Service in the form of Resources. You will not be compensated for any User Content. You agree that ACT may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

  7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your Site login credentials. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.

  8. INAPPROPRIATE CONTENT. You shall not make the following types of User Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) infringes any intellectual property or other proprietary rights of any party; (e) contains software viruses 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; (f) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (g) in the sole judgment of ACT, is otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ACT or its users to any harm or liability of any type. ACT intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

  9. PROHIBITED USES. ACT imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) collecting, copying or downloading any Site Parameters and Metadata including any screen display data, such as through screen scraping, framing or similar methods, for the purpose of collecting, analyzing or learning, ontology, metadata, resource alignment to standards or for any other similar purpose; (c) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (e) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ACT in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to use the Service to contact students or otherwise solicit personal information from anyone under the age of 18.

  10. ALLEGED VIOLATIONS. ACT reserves the right to terminate your use of the Service and/or the Site. To ensure that ACT provides a high quality experience for you and for other users of the Site and the Service, you agree that ACT or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. ACT does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ACT reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if ACT believes that you have violated any of the Terms of Use, furnished ACT with false or misleading information, or interfered with use of the Site or the Service by others.

  11. NO WARRANTIES. THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS." ACT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED. ACT MAKES NO REPRESENTATIONS OR WARRANTIES OF UPTIME OR THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT THE SERVER ON WHICH THE SERVICE IS ACCESSED IS VIRUS-FREE. YOU ASSUME THE RISK OF ANY DAMAGE TO COMPUTERS OR DEVICES (MOBILE OR OTHERWISE) USED TO ACCESS THE SERVICE OR LOSS OF DATA THAT MAY RELATE TO YOUR USE OF THE SERVICE. ACT DISCLAIMS RESPONSIBILITY (AND ANY ASSOCIATED COSTS OR DAMAGES) FOR: (A) THE OPERATION OF OTHER PRODUCTS THAT MAY INTERFERE WITH THE SERVICE; (B) TECHNICAL DIFFICULTIES THAT MAY ARISE DUE TO THE SIMULTANEOUS OPERATION OF OTHER SOFTWARE ON YOUR COMPUTER OR DEVICES (MOBILE OR OTHERWISE); (C) ANY LOSS OF DATA, DUE TO FAILURE OF THE SERVER FROM WHICH THE SERVICE IS OPERATED OR OTHERWISE, WHICH MAY OCCUR DURING YOUR USE OF THE SERVICE; (D) YOUR ACCESS TO THE INTERNET; AND (E) SELECTION OF THE SERVICE TO MEET YOUR INTENDED PURPOSES AND RESULTS OBTAINED THEREFROM. ACT FURTHER DOES NOT WARRANT THAT THE SERVICE WEB SITE OR APPLICATION IS COMPATIBLE WITH EVERY INTERNET BROWSER OR WITH EVERY COMPUTER OR DEVICE (MOBILE OR OTHERWISE). ACT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITY OR LIABILITY. FOR ANY COMPLICATION, SUITABILITY OR NON-COMPATIBILITY OF THE TECHNOLOGY, SOFTWARE, SERVICE OR HARDWARE YOU USE TO ACCESS AND USE THE SERVICE. ACT MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND SPECIFICALLY DISCLAIMS ALL OBLIGATIONS OR LIABILITIES FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, REPAIR, MODIFICATION, UPDATE OR PERFORMANCE OF THE SERVICE

  12. LIMITED LIABILITY. IN NO EVENT SHALL ACT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. ACT'S LIABILITY FOR CLAIMS, LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT THE DIRECT USER HAS PAID ACT FOR THE SERVICE SUBSCRIPTION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ACT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  13. AFFILIATED SITES. ACT has no control over, and no liability for any third party websites or materials. ACT works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither ACT nor the Site has control over the content and performance of these partner and affiliate sites, ACT makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and ACT assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that ACT makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

  14. INDEMNITY AND RELEASE. You agree to indemnify and hold ACT and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) your use of the Service, any User Content, your connection to the Service; (ii) your violation of these Terms of Use or of any rights of another, including, but not limited to, any abuse or cyber-bullying. In addition, you hereby release ACT and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, claims, actions of any kind and injury (including death), whether known or unknown, whether foreseeable or not, that in any way arise out of or relate to (i) your use of the Service; (ii) any personal injury, death or property damage suffered by you, your family or other members of your household due to any communication or other action originating from or with respect to the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

  15. COPYRIGHT. Content in the ACT Internet site is copyrighted. No material may be distributed, downloaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast, circulated, or otherwise used except as expressly stated either in such materials or in this notice without the express written permission of ACT, Inc. For permission to reproduce copyrighted materials, contact the ACT Publications Department at Publications@act.org.

    Making or distributing unauthorized copies of a copyrighted work may infringe on the copyright holder's rights. If a copyright holder contacts us and notifies us about unauthorized reproduction and/or distribution of copyrighted works, we reserve the right to disable access to the identified works promptly. We also reserve the right to disable the accounts of repeat infringers in appropriate circumstances.

    ACT respects the rights of copyright holders and complies with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws. We also expect users' services to respect the rights of copyright holders when using our products and services. Use of ACT-owned products or services in a manner that infringes the intellectual property rights of others is a violation of ACT's terms of use.

    For more information, or if you are a copyright owner and you believe that your rights have been violated in any way, please visit the ACT DMCA Page (https://www.act.org/content/act/en/terms-of-use/dmca.html) and notify ACT's designated agent.

  16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the State of California, without reference to its rules regarding conflicts of law. With respect to any disputes or claims not subject to arbitration, as set forth below, you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Clara County, California, USA in all disputes arising out of or related to the use of the Site or Service.

  17. ARBITRATION. Unless expressly prohibited by an applicable law, all disputes (other than those relating to infringement of ACT intellectual property) arising out of or relating to these Terms of Use will be resolved by a single arbitrator through binding arbitration administered by the American Arbitration Association ("AAA"), under the AAA Consumer Rules ("AAA Rules") in effect at the time a request for arbitration is filed with the AAA. Copies of the AAA Rules can be found at www.adr.org. No arbitration may be maintained as a class action, and the arbitrator will not have the authority to combine or aggregate the disputes of more than one individual, conduct any class proceeding, make any class award, or make an award to any person or entity not a party to the arbitration. By agreeing to arbitration, you are waiving your right to have your dispute heard by a judge or jury. Each party will be responsible for its own fees and expenses incurred in connection with any arbitration.

  18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  19. GENERAL. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by ACT or by any third party. In the event a dispute arises regarding these Terms of Use or the use of this Site, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to damages and any other relief to which it is entitled. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of ACT, but ACT may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.

  20. SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS. Certain materials available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No materials may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any materials from the Service is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

  21. COMMERCIAL USE. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

  22. LINKS FROM THE SITE: ACT provides links to other websites for informational purposes only. ACT is not responsible for the content in other sites, and links from the ACT website to other sites are not intended to imply endorsement of them by ACT.

  23. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at ACT Inc., 20 South Santa Cruz Avenue, Suite 107, Los Gatos, CA 95030, or by telephone at (408) 458-5707.

  24. U.S. GOVERNMENT LICENSES. The Service is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Service with only those rights set forth in these Terms.

  25. MODIFICATIONS. ACT may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. ACT shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

  26. AGREEMENT. REGISTERING FOR, ACCESSING, BROWSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO SIGN UP AND USE THE SERVICE.