Terms

Welcome to Visionlearning! Access to and use of Visionlearning is subject to the following terms and conditions and all applicable laws. By accessing, browsing and using Visionlearning, you accept, without limitation or qualification, these Terms.

The Visionlearning web site is provided for public use; however, the user is responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access Visionlearning. The user is responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing Visionlearning.

Use of this service is at your sole risk. Visionlearning is provided on an "as is" and "as available" basis. Neither Visionlearning nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose; or assumes any legal liability or responsibility for the accuracy, completeness, availability or usefulness of information, apparatus, product or process disclosed.

Visionlearning shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Visionlearning has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the service; (ii) unauthorized access to or alteration of your transmission or data; or (iii) any other matter relating to the service.

Visionlearning may provide instructors with a personalized classroom navigation frame within the MyClassroom area. In submitting information, you agree that Visionlearning will not be held liable for the content of any links or for any errors in these pages and that Visionlearning is under no obligation to correct any errors reported.

In using the MyClassroom area, you agree to access and use Visionlearning only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of Visionlearning, including any MyClassroom page. By accessing Visionlearning you agree that you will not: (i) post or use Visionlearning to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane or otherwise objectionable Content; (iii) alter, damage or delete any Content or other communications that are not your own or otherwise interfere with the ability of others to access Visionlearning; (iv) disrupt the normal flow of communication in any MyClassroom site or interactive area; (v) claim a relationship with or speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; or (vi) post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to other users.

Visionlearning provides many links to sites operated by independent site owners. These links are provided as a convenience to the user and do not imply endorsement by Visionlearning or permission by the site owners. Visionlearning shall not be held liable for the accuracy or appropriateness of any external links or their content. While external links are carefully selected, we cannot guarantee their accuracy as the sites we link to may change their content at any time. We make every effort to update our links, but if you notice a link that is broken or otherwise out of date, please contact us.

Several areas of the Visionlearning website contain data and information posted by individual users. These areas include, but are not limited to, MyClassroom Notes, Comments, Custom Modules, Teacher Quizzes, Question Pools, Announcements, and Teacher/Student email communications. The content of these postings is provided by and is the responsibility of the person posting it. Visionlearning does not monitor the content and takes no responsibility for such content. Instead, Visionlearning merely provides access to such content as a service.

By its very nature, user content may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive.

Visionlearning does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications posted in these areas or endorse any opinions expressed. You acknowledge that any reliance on material posted in these areas will be at your own risk.

Visionlearning does not control the information delivered in these areas, and has no obligation to monitor them. However, Visionlearning reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, in Visionlearning's sole discretion.

By using these services, you acknowledge that they are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any of these areas. Generally, any communication that you post to the Service is considered to be non-confidential.

You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Service only to send, post and receive messages and material that are legal and proper.

Visionlearning facilitates email communication between users within the MyClassroom area. Visionlearning makes reasonable efforts to protect the email addresses of our users and does not sell email addresses to mass mailers. By registering for our site you agree to allow Visionlearning or limited authorized partners to contact you via email. Furthermore, you agree to allow other registered users (teachers, students, etc.) to contact you via email in our MyClassroom system. Visionlearning does not control the information delivered via email from registered users, and has no obligation to monitor email. User email may contain offensive, harmful, inaccurate or otherwise inappropriate material. You agree to hold Visionlearning harmless for any offensive, malicious or illegal content delivered via email from any registered user.

Visionlearning respects the privacy of all users. We may collect and store information for statistical purposes. For example, we may count the number of visitors to the different sections of our site to help us make them more useful to visitors. We may disclose to third parties certain aggregate information collected, provided that such information does not include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process or to enforce the Terms of Use. Independent web sites linked to through Visionlearning may collect personal identifying information. Visionlearning is not responsible for this information collected, refer to the privacy policy of each independent site owner.

Instructors requesting a MyClassroom site will be asked for certain personally identifying information. In requesting a MyClassroom page, the requestor gives express permission to Visionlearning to post personally identifying information such as names to publicly accessible pages. Visionlearning will make all attempts to notify the user of information that will be accessible to the public, but makes no warranties against disclosure.

• European Union (EU) Users

  EU Users have the right to have their information downloaded and/or removed. Contact info@visionlearning.com with any requests.

You agree to indemnify and hold Visionlearning, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Use or your violation of any rights of another.

The only right with respect to dissatisfaction with any policies, guidelines or practices of Visionlearning or any Content is for you to discontinue accessing the Visionlearning web site.

Visionlearning, in its sole discretion, may terminate or temporarily suspend your access to all or any part of the site without notice. Visionlearning may discontinue operating and terminate this Agreement without notice at any time for any reason in its sole discretion.

You acknowledge and agree that the Service, all Content contained within the Service including, but not limited to, text, graphics, electronic art, animations, audio, video, programming and software contained within the service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Visionlearning or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Any material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos or other data that you link to or otherwise make available in your MyClassroom page that is not hosted on the Visionlearning web site (collectively "User Content") is and remains your sole property or the property of your licensors. By linking or otherwise making available any User Content, you automatically grant and/or warrant that the owner of such User Content has granted Visionlearning, for the sole purpose of displaying publishing, distributing and/or otherwise transmitting the User Content through the Visionlearning web site, the perpetual royalty-free, non-exclusive right and license to use, reproduce, publish, distribute, perform and display the User Content through MyClassroom.

You agree not to reproduce, duplicate, copy, sell, resell, provide unauthorized access to or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service.

The Terms of Use, Copyright and Privacy constitute the entire agreement between you and Visionlearning and govern your use of the Service, superceding any prior agreements between you and Visionlearning. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and Visionlearning shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and Visionlearning agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Connecticut. The failure of Visionlearning to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use, Copyright and Privacy remain in full force and effect. 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 the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You also permit any other user of Visionlearning to access, view, store and reproduce the User Content to the same extent permitted herein. Moreover, you acknowledge that any Content that is on or otherwise made available on Visionlearning that is not uploaded or otherwise made available by you is not yours and you do not have any ownership rights therein. Therefore, you warrant that you will not copy, publish, reproduce, modify or distribute such Content without the express permission of the owner in violation of US or other laws, including such laws relating to copyright, trade secrets and/or any other statutory or regulatory provisions.

Users are encouraged to link to the Visionlearning site and use the buttons provided for establishing links to the site.

No individual or entity may explicitly or implicitly claim or suggest authorship or ownership over material copyrighted by Visionlearning without the express, written permission of Visionlearning. This includes loading any Visionlearning pages in a frames-based or other display environment that places advertising or a commercial logo or name alongside of any Visionlearning content, names, logos, graphics or other material, except for as provided above. Any entity or organization violating this clause of the Terms explicitly agrees to pay Visionlearning licensing fees of $100 cpm (cost per thousand page views) for the actual number of page views reported by the violating entity and damages of $100,000. The violating entity also agrees to pay Visionlearning for all legal fees incurred in enforcing this clause of the terms.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

The Terms of Use, Copyright and Privacy constitute the entire agreement between you and Visionlearning and govern your use of the Service, superceding any prior agreements between you and Visionlearning. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and Visionlearning shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and Visionlearning agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Connecticut. The failure of Visionlearning to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use, Copyright and Privacy remain in full force and effect. 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 the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.