Terms And Conditions

ASSISTments Terms and Conditions

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This promotional website (the “Site”) is owned by Worcester Polytechnic Institute (“WPI”) and operated jointly with The ASSISTments Foundation (collectively “we”), both non-profits. ASSISTments-Teacher (the “Platform”) is a free public service tool for teachers and students and all other users of the Platform (“you”).  You may access the Platform and all of the services, including instructional offerings, available on the Platform (“Services”) and you may access or download materials (“Materials”) on or through the Platform.

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We pursue the science of learning. Online learners are important participants in that pursuit. The information we gather from your engagement with our instructional offerings in our Services makes it possible for faculty, researchers, designers and engineers to continuously improve their work and, in that process, build learning science.

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By using the Platform or Services, you are also participating in research intended to enhance our instructional offerings as well as the quality of learning and related sciences worldwide. In the interest of research, you understand and agree that you may be exposed to some variations in normal instructional practices.

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INTRODUCTION

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We agree to provide services and materials on the platform pursuant to these Terms and Conditions. By using the Platform including any Services or using or downloading any Materials on or from this Platform, you agree to do so according to these Terms. We may amend or modify these Terms by posting an update to this Site and giving notice on the Platform, and you agree to accept the new Terms by using or relying on our services and materials after such notice. You should take the time to read through these Terms, and if you have any questions, please contact us at the address listed at the end.

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PRIVACY

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We have  established a comprehensive Privacy Policy, which is considered part of these Terms and Conditions. Please read the Privacy Policy to understand our commitment to the privacy of our users. You may find the Privacy Policy here.

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INTELLECTUAL PROPERTY

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The Site and the Platform contains material that is protected by national and international trademark, service mark, copyright, patent, and other intellectual property laws. To the full extent provided under the United States Copyright Act and all national and international copyright laws, ASSISTments, its licensors and suppliers, and other entities whose content is displayed on this site own [or have the appropriate license rights to use] all copyright rights in the text, images, graphics, user interface, and other content provided on this site, other than content used pursuant to the doctrine of fair use, and the selection, coordination, and arrangement of such content. Notwithstanding the foregoing or anything to the contrary contained herein, content uploaded onto the Platform or created in the Platform by any user is not warranted to be properly owned or licensed by the user and it’s the user’s responsibility to ensure that they have the requisite rights or licenses in order to include material in the Platform.  Except as expressly provided herein, nothing stated or implied on this site confers on you any license or right under any copyright of our or any third party, and except as expressly provided herein, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material from this site or platform including code and software. However, you may print pages from this site or Platform solely for individual, noncommercial use, provided that all users of these pages keep intact all copyright and other proprietary notices and provided that all use of such pages for any purpose terminates after your contract termination or expiration.

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The trademarks, logos, and service marks displayed on the Site and Platform (collectively the "Trademarks") are the registered and unregistered trademarks of WPI, WPI’s licensors and suppliers, and others. ASSISTments is a registered trademark of WPI. ASSISTments was initially created in collaboration with Ken Koedinger at Carnegie Mellon University but it is now exclusively run by Neil and Cristina Heffernan at WPI and The ASSISTments Foundation. This trademark, and other trademarks owned by WPI, whether registered or unregistered, may not be used in connection with any product or service that is not WPI’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages WPI. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of WPI, WPI's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and WPI will aggressively enforce its intellectual property rights in its Trademarks, including via civil and criminal proceedings.

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The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by WPI infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow WPI to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send WPI a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to the address set forth below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that WPI may terminate any user who it reasonably believes to be a repeat copyright infringer.

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YOUR ACCOUNT

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When and if you register with the Platform, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), (b) allow us to conduct A/B testing using information gathered from the actions that you take with your account, and (c) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your access to the Site.

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YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

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LICENSE

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We welcomes and value your contributions to the Platform in areas designated for contribution. In such areas, as a user, you may post content so long as you adhere to these Terms of Use.

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By sending or transmitting to us, or posting to the Platform, reviews, comments, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The foregoing grants shall include the right to exploit any proprietary rights in such Submissions, including but not limited to rights under copyright, trademark, or service mark laws under any relevant jurisdiction. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You may grant using the Platform the right to use the name that you submit in connection with such Submission, if we choose. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post; that the Submissions is accurate; that use of the Submissions you supply does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from Submissions you supply. We take no responsibility and assume no liability for any Submissions posted by any user of the Platform.

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You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and any Submissions that you or other third parties transmit or post on the Site; to alter or remove any such Submissions; to disclose such Submissions and the circumstances surrounding their transmission to any third party; to protect ourselves, our sponsors and our visitors; and to comply with legal obligations or governmental requests.

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DISCLAIMERS

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We have worked hard to develop Services and Materials on this Platform that assist students, educators, parents, and guardians in the learning process. Nonetheless, THE SITE, THE MATERIALS ON THE PLATFORM, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Specifically and without limitation, WE, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS DO NOT WARRANT THE SERVICES ON THIS PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE CONTENT ON THE PLATFORM IS ENTIRELY CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, THE SERVER(S) ON WHICH THE PLATFORM IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOUR USE OF THE PLATFORM AND ANY MATERIALS PROVIDED THROUGH THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

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The content on this Platform should not be construed as professional advice on any subject matter, and availability or use of the content on this Platform is not intended to create, and does not create, any professional services relationship.

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Please note that portions of the content on this Platform have been contributed by various individuals. The inclusion of such information does not indicate any approval or endorsement of the views expressed therein. Information provided by individuals, whether publicly posted or privately transmitted, is the sole responsibility of the person providing such information. Please understand that we expressly disclaim any liability with respect to such materials. However, we retain the right, which it may or may not exercise, in its sole discretion, to review third-party material and to edit or delete from the service any third-party material that we deem to be illegal, offensive, or otherwise inappropriate.

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NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, SPONSORS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM AND/OR MATERIALS CONTAINED ON THE PLATFORM, OR ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY AUTHORIZED OR UNAUTHORIZED USER, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, MATERIALS OR ANY LINKED SITE IS TO STOP USING THE PLATFORM, MATERIALS OR LINKED SITE, AS APPLICABLE.

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THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE PLATFORM.

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You agree to indemnify and hold us and our directors, officers, and employees harmless from all claims, demands, and damages (whether actual or consequential), including reasonable attorney's fees, arising from or related to your use of this Platform, your violation of these Terms or any applicable laws or regulations, or your violation of any rights of another.

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RESTRICTIONS ON USE

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We grant you a limited license to access and make personal use of the Platform. You may not download (other than page caching) or modify the Platform or any portion of the Platform. This license does not include, and you agree that you will not conduct, any resale or commercial use of the Site or its contents; any collection and use of any product or title listings, ratings, or descriptions; any derivative use of the Site or its Services or Materials; or any use of data mining, robots, or similar data gathering and extraction tools.

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No portion of the Platform may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You must retain all copyright and other proprietary notices on downloaded and copied materials from this Platform, and any such downloads or copies are subject to these Terms of Use. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of us. Any unauthorized use by you automatically terminates any permission or license granted to you by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Platform so long as the link does not portray us, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logo or other proprietary graphics or trademarks as part of the link without express written permission. Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the content of this Platform, without prior written authorization from us.

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As a condition of your use of this Platform, you warrant that you will not use the Services or Materials on this Platform:

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• for any purpose that is prohibited by any law or regulation or to facilitate the violation of any law or regulation;
• for any purpose that is prohibited by these Terms (including but not limited to any use that infringes another's copyright rights); 
• in any manner that could damage, disable, overburden, or impair the Platform or any user of the Platform, or interfere with any other party's use of the Platform.
• for any purpose that is prohibited by any law or regulation or to facilitate the violation of any law or regulation;
• for any purpose that is prohibited by these Terms (including but not limited to any use that infringes another's copyright rights); or
• in any manner that could damage, disable, overburden, or impair the Platform or any user of the Platform, or interfere with any other party's use of the Platform.

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In addition, you will not:

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• use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content;
• Remove any copyright, trademark or other proprietary rights notices contained in the Platform or the materials on the Platform;
• Collect or store personal data about other users;
• Harass other users;
• Restrict or inhibit any other visitor or member from using the Platform, including, without limitation, by means of "hacking" or defacing any portion of the Platform;
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Use or attempt to use any "deep link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool; algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of these webpages, any data or content found on or accessed through these webpages, or any other of our information without the prior express written consent from us;
• Obtain or attempt to obtain through any means any materials or information on these webpages that have not been intentionally made available either by their display on these pages or through their accessibility by a visible link on these webpages violate any measure employed to limit or prevent access to these web pages or their content; or
• Violate the security of these webpages or attempt to gain unauthorized access to these web pages, data, materials, information, computer systems or networks connected to any server of these web pages, through hacking, password mining or any other means interfere or attempt to interfere with the proper working of these webpages or any activities conducted on or through these web pages, including accessing any data, content or other information prior to the time that it is intended to be available to the public on these webpages.

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OTHER SITES

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This Platform contains links to and displays content from third-party websites (“Linked Sites”) not under our control, and we are not responsible for the terms of service or the contents of any such Linked Site or of any site linked directly or indirectly from any Linked Site. We provide such links and display such content only as a convenience, and the inclusion of such link and the display of such content on this Site does not imply our endorsement of the Linked Site or of any site linked directly or indirectly from any Linked Site.

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CONTACT INFORMATION AND OTHER MATTERS

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If you have any complaints or questions about our Terms of Service, please contact us at

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The ASSISTments Foundation

482 Southbridge Street, #398

Auburn MA, 01501

contact@assistments.org

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We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Plattform or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the Platform shall immediately cease, and you shall destroy all materials obtained from the Platform and all copies thereof, whether made under the terms of this Agreement or otherwise.

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This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, whether electronic, written, or oral.

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This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts  without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Worcester County, MA in all disputes arising out of or relating to the use of our services and materials.

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If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

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Under California Civil Code Section 1789.3, users of this Platform in 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

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The Platform is solely directed to individuals residing in the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of our services and materials is forbidden in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.