IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.
Use of the VHL Site; VHL’s Proprietary Rights. Except as otherwise provided by Vista Higher Learning, Vista Higher Learning gives You a personal, limited, non-exclusive, revocable license to access and use the VHL Site), and the content of the VHL Site (the "Site Content") solely for Your personal, non-commercial, and educational use. The Site Content, including, without limitation, text, images, video, graphics, selection, coordination, arrangement and enhancements of the elements of the Site Content, music and sound, is protected by copyright, trademark, and other laws. The Site Content and the copyrights thereto, as well as any trademarks in such Site Content, are the property of Vista Higher Learning and its suppliers and contributors. Further, Vista Higher Learning retains all right title and interest, including all intellectual property rights, in and to each access code (a “Product Access Code”) that grants access to the VHL Site and use of products available through the VHL Site. Each Product Access Code is licensed solely for Your personal, non-commercial, and educational use. Without limiting the foregoing, Vista Higher Learning has a license for certain Site Content that is owned by third-party suppliers and contributors. The copyright on this third-party content may remain with the owners thereof. Unauthorized use of the Site Content is strictly prohibited. You may not copy, redistribute, alter, modify, publish, transmit, adapt, translate, prepare derivative works from, decompile, reverse engineer (except as expressly permitted by law), disassemble or in any way exploit the Site Content, or create or attempt to create a substitute or similar service or product through use of or access to the VHL Site. Solely in connection with the use of products purchased from Vista Higher Learning, instructors may (i) download, (ii) display, and perform in the classroom, and (iii) reproduce as-is and distribute in printed form to students, in the classroom, certain Site Content, as identified on the VHL Site as materials connected to VHL. Further, solely in connection with the use of products purchased from Vista Higher Learning or an authorized distributor, instructors may modify certain Site Content, as identified on the VHL Site as downloadable in unlocked editable electronic form, and display or distribute, in printed form, such modified Site Content to students in the classroom. You will not remove, obscure, or alter Vista Higher Learning's or its suppliers’ and contributors’ copyright notices, trade names, trademarks, service marks, logos, other distinctive brand features, or other proprietary rights notices affixed to or contained within the VHL Site or any Site Content. Without Vista Higher Learning's express prior written permission, You will not frame any portion of the VHL Site or any of the Site Content or link to the VHL Site other than to complete pages hosted as part of the VHL Site. You will not distribute any of the Site Content in electronic form without Vista Higher Learning's express prior written permission, and You will not resell, license, assign, share or otherwise transfer any Product Access Code to or with any other person. You acknowledge that You do not acquire any ownership rights by downloading or modifying Site Content or receiving or using a Product Access Code. Any purported resale, license, assignment, or other transfer by You of a Product Access Code or Login Credentials shall be void and without effect. We reserve the right, for any reason, to suspend or deny Your access to all or any portion of the VHL Site or use of Site Content, including Site Content that You have modified. Further, without limiting the foregoing, we reserve the right to deactivate or otherwise disable or suspend any Product Access Code or Login Credentials that we have reason to believe has been resold, licensed, assigned, shared or otherwise transferred or has been used by more than one person.
VHL Site Modifications. Vista Higher Learning reserves the right at any time to modify, suspend or discontinue the VHL Site or any part thereof and You agree that Vista Higher Learning shall not be liable to You or to any third party for any such modification, suspension, or discontinuance. Without limiting the foregoing, You acknowledge and agree that Vista Higher Learning may suspend, terminate or cancel Your access rights to the VHL Site, or any part thereof, with or without notice, for any or no reason, without liability to You or any third party.
User-Submitted Content/Conduct. Portions of the VHL Site may allow users to upload and/or post content. You shall not upload or post on the VHL Site any content (including without limitation, text, images, video, graphics, music and sound) that You know to be false, misleading or inaccurate or that is libelous, defamatory, obscene, threatening, invasive of privacy, harmful to minors in any way, abusive, illegal or harassing, or contains expressions of hatred, bigotry, racism, ethnic prejudice, vulgarity, profanity or is sexually explicit, lewd, obscene or pornographic, or is otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or encourage or advocate any violent act or behavior or constitute a threat to personal or public safety, or that You do not have a right to make available under contractual or fiduciary relationship, or that is used to make commercial solicitations. Uploading or posting any such content may result in the immediate termination of Your access to the VHL Site and, if appropriate, notification to law enforcement officials. If legal action is pursued, any and all information collected by Vista Higher Learning will be turned over to the appropriate law enforcement officials. This means that You, and not Vista Higher Learning, are entirely responsible for the content You transmit to the VHL Site.
You shall not upload to, distribute through or otherwise publish through the VHL Site any content that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality of the VHL Site or disrupt any software, hardware, telecommunications, networks, servers or other equipment. Uploading, distributing or publishing such content may result in immediate termination of Your access to the VHL Site and, if appropriate, notification to law enforcement officials. You agree not to interfere with any other user’s right to privacy, including by harvesting and collecting personally-identifiable information or posting private information. Vista Higher Learning has no obligation to monitor or screen information or content posted or submitted by You or other users for use in connection with the VHL Site, and content posted by users does not necessarily reflect the views of Vista Higher Learning. However, Vista Higher Learning shall have the right in Vista Higher Learning’s sole discretion, to monitor and screen such information and content and refuse to post, remove or edit any information or content submitted to Vista Higher Learning or posted on the VHL Site. You agree that Vista Higher Learning has no liability or responsibility for the storage, modification or deletion of any information or content that You or any other person uploads or posts.
You shall not upload, post or otherwise make available on the VHL Site any content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any content is not so protected rests with You. You shall be solely liable for any damage resulting from any claims of infringement of copyrights or other proprietary rights, any claims by third parties regarding Vista Higher Learning’s exercise of the foregoing license and any other harm resulting from Your submission(s) or Vista Higher Learning’s use or posting of such submission(s).
General Practices Regarding Use. You acknowledge that we may establish general practices and limits concerning use of the VHL Site. You agree to comply with all such practices and limits.
Disclaimer of Warranties. The VHL Site and related applications, materials and services are provided to You "AS IS" without warranty of any kind. VISTA HIGHER LEARNING HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES PERTAINING TO NONINFRINGEMENT, AVAILABILITY OF THE VHL SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION OR SITE CONTENT.
Assumption of Risks. Use of the VHL Site is at Your sole risk. You assume all risks that the VHL Site, applications, and related information are suitable for Your needs. Use of any applications obtained through the VHL Site is at Your own discretion and risk and You are solely responsible for any damage to Your computer or loss of data. You agree that neither Vista Higher Learning nor any Indemnified Person shall be responsible for any loss or damage of any sort relating to Your use of the VHL Site.
Disclaimer of Damages; Limitation of Liability. YOU AGREE THAT NEITHER VISTA HIGHER LEARNING NOR ANY OTHER INDEMNIFIED PERSON WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE VHL SITE OR ANY CONTENT OR SERVICES ON OR THROUGH THE VHL SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF SITE CONTENT OR OTHER INFORMATION PROVIDED OR YOUR PROVISION OF INFORMATION TO THE VHL SITE, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE INDEMNIFIED PERSONS’ NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW. The foregoing Indemnity, Disclaimer of Warranties, Assumption of Risk and Disclaimer of Damages/Limitation of Liability provisions shall apply to the fullest extent permitted by law.
Links to Third Party Websites. Vista Higher Learning may, as a convenience, provide links to third party websites. The inclusion of the link does not imply that Vista Higher Learning endorses or has any control over those third party sites. Vista Higher Learning is not responsible for any content on any such linked site. If You access a third party site from the VHL Site, You do so at Your own risk.
Copyright Agent. If You believe that Your copyrighted work is accessible on the VHL Site in a way that constitutes copyright infringement, please provide the following information to the Copyright Agent identified below: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vista Higher Learning to locate the material; (iv) information reasonably sufficient to permit Vista Higher Learning to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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 (vi) 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.
For copyright inquiries or claims, please contact: [email protected]
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.
To the fullest extent permitted by law, by using the VHL Site, You agree that if a dispute arises between You and one or more of the Indemnified Parties relating in any way to the VHL Site or Your use thereof, including common law or statutory claims, BOTH YOU AND THE INDEMNIFIED PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE INDEMNIFIED PARTIES MUST BE ARBITRATED IN BOSTON, MASSACHUSETTS. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE INDEMNIFIED PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and You or the Indemnified Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any such suit shall be adjudicated by a state or federal court located in Boston, Massachusetts, and You hereby consent to jurisdiction in such courts for such suits.
RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.
All rights not expressly granted herein are fully reserved.
Last Modified March 15, 2018