 |
Introduction
Welcome to WebAssign. We hope our assessment
service helps you meet your educational goals and objectives.
WebAssign is used by students to enter their answers to
class assignments and receive a score and by instructors
to provide assignments and communications with their students.
We provide this service to you subject to the following
Terms of Use (TOU).
By accessing and using our service, you are agreeing to
your acceptance, without limitation or qualification, these
TOU. If you do not agree with these TOU, you may not access
or use WebAssign.
The WebAssign Service
WebAssign (the "Service") is
an online homework delivery, grading, and assessment service
available to instructors through paid subscription for specified
classes and time durations. The purpose of the Service is
to provide instructors with a secure, accessible platform
in which to assign and grade homework in order to assess
student performance and comprehension. The Service can also
be used for quizzes and testing depending on the instructor's
application of the system.
The Service enables instructors to post of
online class discussion, internal communications, grades,
schedule of class events, class notes, and syllabi. We may
offer other features in the future, or change or eliminate
current features at any time. All of the features of the
Service are subject to these TOU.
Use of Account
To use the Service, you will need a username,
institution, and password. Student usernames are provided
to WebAssign by an instructor, the institution name is determined
by WebAssign, and the initial password is provided by the
instructor. You should change your password before starting
to use the Service to prevent unauthorized access to your
assignments. To facilitate communication and for retrieval
of a new password, we use email addresses.
You are solely responsible for maintaining
the confidentiality of your username and password. Furthermore,
you are responsible for all activities, charges, and liabilities
associated with your account. You must immediately notify
WebAssign of any unauthorized use of your account. In the
event that you are a minor, WebAssign reserves the right
to provide access to your account to your parents, guardian
or other authorized adult, upon such adult's request.
Content
Any content that you upload or otherwise
make available in the Service remains your sole property
or the property of your licensors. If you mark any of your
content public domain (Public Domain Content) in the Service,
you automatically grant and/or warrant that the owner has
granted WebAssign, the perpetual royalty-free, non-exclusive
right and license to use, reproduce, modify, publish, distribute,
perform, display, and transmit the Public Domain Content
through the Service. You also permit any other user of the
Service, subject to your restrictions, to access, view,
store, and reproduce the Public Domain Content to the same
extent permitted herein.
Copyright
You acknowledge that the Service, any
underlying technology used in connection with the Service,
and all software, material, information, communications,
text, graphics, links, electronic art, animations, audio,
video, photos, and other data (collectively, the "Content")
available within the Service are provided by WebAssign or
third-party providers and are protected by copyright. You
may not store any significant portion of any Content owned
by, or licensed to WebAssign in any form, whether archival
files, computer-readable files, or any other medium.
We encourage you to download and print a reasonable number
of copies of Content for noncommercial personal or educational
use only. You acknowledge that WebAssign and/or third-party
providers remain the owners of the Content and that you
do not acquire any intellectual property rights in such
Content by downloading, modifying, or printing the Content.
Internet Links
Some links on the Service lead to sites
posted by independent site owners. Because WebAssign has
no control over these sites, WebAssign is not responsible
for such sites' accessibility via the Internet and does
not endorse products, services, or information provided
by such sites. As such, WebAssign shall not be responsible
or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with,
use or reliance on any Content, goods, or services available
on or through any other site. Further, the inclusion of
these links does not imply that the other sites have given
permission for inclusion of these links, or that there is
any relationship between WebAssign and the linked sites.
WebAssign is an independent operating company and reference
to other companies do not imply any partnership, joint venture,
or other legal connection where WebAssign would be responsible
for the actions of their respective owners.
Conduct
You may only access the Service for lawful
purposes. You are solely responsible for the knowledge of
and adherence to any and all laws, rules, and regulations
pertaining to your use of the Service. You agree that you
will not:
1. use the Service 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;
2. upload, post, e-mail, or otherwise transmit any unlawful,
threatening, libelous, harassing, defamatory, vulgar,
obscene, pornographic, profane, or otherwise objectionable
content;
3. disrupt the normal flow of communication or otherwise
act in a manner that negatively affects other users' ability
to engage in real-time exchanges; or
4. interfere with or disrupt the service or servers or
networks connected to the services, or disobey any requirements,
procedures, policies, or regulations of networks connected
to the Service.
Warranty Limitations
WEBASSIGN IS NOT RESPONSIBLE FOR ANY
INFORMATION OR CONTENT CONTAINED WITHIN WEBASSIGN AND MAKES
NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN WEBASSIGN FOR ANY PURPOSE OR AUDIENCE OR ABOUT
ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS.
YOU AGREE THAT YOUR ACCESS TO WEBASSIGN AND YOUR USE OF
THE SERVICES IS AT YOUR OWN RISK. NEITHER WEBASSIGN, NOR
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY,
RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
WEBASSIGN AND THE SERVICES ARE PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT.
IN NO EVENT WILL WEBASSIGN OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES (EVEN IF WEBASSIGN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY
TO ACCESS WEBASSIGN OR USE THE SERVICES, INCLUDING WITHOUT
LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS
OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS
OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION, OR UNAUTHORIZED ACCESS TO WEBASSIGN'S RECORDS,
PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES WEBASSIGN'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold WebAssign,
and its affiliates, officers, agents, partners, and employees,
harmless from any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising
out of content you submit, post to, email, or otherwise
transmit through WebAssign, your use of the Service, your
connection to the Service, or your breach of the TOU.
Trademarks
WebAssign® is a registered service
mark of North Carolina State University under license to
Advanced Instructional Systems, Inc. (WebAssign). All other
trademarks, service marks, trade dress, and logos used in
the Service are the trademarks, service marks, trade dress,
and logos of their respective owners.
Local Laws
WebAssign controls and operates the Service from its headquarters
in the United States and makes no representation that the
Content is appropriate or available for use in other locations.
If you use the Service from other locations, you are responsible
for compliance with applicable local laws, including, but
not limited to, export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional
materials found on the Service are solely directed to individuals,
companies, or other entities located in the United States.
Modifications to the Service
WebAssign reserves the right at any time
and from time to time to modify or discontinue, temporarily
or permanently, the Service with or without notice. You
agree that WebAssign will not be liable to you or to any
third party for any modification, suspension, or discontinuance
of the Service.
Termination
You may discontinue your participation
in and access to the Service at any time. The TOU will continue
to apply to all past use of the Service by you, even if
you are no longer using them. You acknowledge and agree
that WebAssign may terminate or block your use of all or
part of the Service, without prior notice for any reason,
including, without limitation, if WebAssign believes you
have engaged in conduct prohibited by this TOU. You agree
that upon termination or discontinuance for any reason,
we may delete all information related to you on the Service
and may bar your access to and use of the Service.
General
By accessing the Service, you agree to
the above stated TOU. This Agreement is entered into in
the State of North Carolina and shall be construed in accordance
with the laws of North Carolina, exclusive of its choice
of law rules. Each party to this TOU submits to the exclusive
jurisdiction of the state and federal courts having jurisdiction
in the State of North Carolina, and waives any jurisdictional,
venue, or inconvenient forum objections to such courts.
In any action to enforce this TOU, the prevailing party
will be entitled to costs and attorney fees. In the event
that any provisions of this TOU are held to be unenforceable,
such provisions shall be limited or eliminated to the minimum
extent necessary so that this TOU shall otherwise remain
in full force and effect. This TOU and any posted guidelines
or rules applicable to certain services within the Service
constitutes the entire understanding between the parties
pertaining to the subject matter hereof, and any prior written
or oral agreements between the parties are expressly canceled.
If you have any questions about this Agreement,
you may contact:
WebAssign
1730 Varsity Drive, Suite 200
Raleigh, NC 27606
|
