Terms of Use

Effective Date: January 25, 2016

Welcome to the carnegielearning.com and associated subdomains, our software, and apps (collectively our “digital properties”) operated by Carnegie Learning, Inc. (“we” or “us”).  We appreciate your interest in our digital properties. We have designed these Terms of Use (“Terms”) to ensure that the digital properties remains a safe, fun, and rewarding experience for everyone. 

 

1.  These Terms apply to all use of our digital properties

These Terms apply to all use of our digital properties.  As a user of the digital properties, “you” agree that these Terms are a binding contract that applies to all of your use of the digital properties and any subscription or license that you have purchased, or that have been purchased on your behalf, through the digital properties.  By visiting the digital properties, you are agreeing that you will comply with these Terms.  If you do not agree to these Terms, you should not use our digital properties.

These Terms are effective as of the effective date identified above.  We may change these Terms in the future, so we encourage you periodically to review the Terms of Use posted on our digital properties.  If you do not agree to changes in the Terms of Use as they may occur, please discontinue your use of our digital properties.  Your continued use of the digital properties will signify your acceptance of any change in the terms and conditions set forth herein.

If you are a parent, student, teacher, or administrator of a school or school district who has licensed our products and services and you do not agree to changes in the Terms of Use, please discontinue your use of our digital properties and contact your teacher, school, or school district administrator.

Our digital properties may contain links to websites or other online offerings that we do not operate or control.  We are not responsible for the privacy practices or content of those offerings.  You should be aware that different terms may apply to your use of those offerings.

 

2.  We protect your personal information in accordance with our Privacy Policy.

We have a Privacy Policy that applies to our digital properties.  It contains important information about the ways that we collect, use and share information about Carnegie Learning customers, such as teachers or school or school district administrators, as well as their students.  We encourage you to read it so that you will understand your choices concerning protection of your personal information.  Our Privacy Policy is considered a part of these Terms.   

 

3.  Your use of our digital properties must comply with our standards of conduct.

To maintain the integrity of our digital properties and the user experience of all users of the digital properties, you agree not to misuse the digital properties or their content.  For example, you must not do (or attempt to do) any of the following, or encourage or assist others to do any of the following:

If you violate this Section 3, we reserve the right to terminate your access to or registration on the digital properties, remove material from the digital properties, take other remedial actions, and seek any remedies permitted by law.

We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 3.

 

4.  Additional terms apply if you register for or use an account on our digital properties.

Portions of our digital properties offer you the option of signing on as a guest or registering as a member.  This Section 4 states additional terms that apply to such accounts.

Parents, teachers, or administrators of a school or school district who has licensed our products and services (collectively, “Non-Student Users”) who register for the digital properties are required to provide us with accurate and complete information including your name, email address, job title, phone number, school, school district, and password. You also must update your account when information you have provided to us changes.  To update your account information, click on the “Your Account” link on the relevant digital property.

You authorize us to use the contact information you provide us to communicate with you about our digital properties and products, as indicated in the preferences set for your account. We do not communicate directly with students.

Students who register to use the teaching and learning resources at the direction of their teachers, school or school district administrators may provide their name, email address, class and school where they are enrolled. In some cases, Non-Student Users will provide this information to us on the students’ behalf.

You are responsible for maintaining the confidentiality of your account login names and passwords, and you must not permit use of your account by anyone else.  You accept responsibility for all activities that occur under your account, including product purchases made using your account.  If you have reason to believe that someone is using your account without your permission, you agree to contact us immediately.  We are not responsible for any loss or damage resulting from unauthorized use of your account. 

 

5. We may change our digital properties and our offerings at any time.

We reserve the right to take any of the following actions at our discretion at any time, and without giving you prior notice:

We will not be liable to you or any third party for taking any of these actions.  If we terminate your access to any of the digital properties, you must immediately stop using such digital property.  Upon termination, these Terms shall continue to apply to any other use of the digital properties that you are permitted to make. Any termination will not affect our rights as to any violation of these Terms by you.

 

6.  We retain all rights to our trademarks, copyrights and other intellectual property.

The trademarks used on the digital properties, the products offered through the digital properties, the appearance and content of the digital properties, and the technology used to provide the digital properties are protected by intellectual property and other laws in the U.S. and in other countries.  As between you and us, we retain all right, title and interest in and to our digital properties, products, content and technology.  You must comply with all such laws.  You agree not to remove, obscure or alter any trademark, copyright or other legal notices on the digital properties.  You also agree not to use our trademarks in meta tags or in any way that is likely to cause confusion or that disparages or discredits us.

You are only permitted to access and use the digital properties for your own personal, noncommercial purposes in accordance with these Terms.  We grant you a nonexclusive, revocable license to print or store a limited number of individual pages of the digital properties incidental to such use.  You agree not to (1) download, archive, store in a database or otherwise copy any part of the digital properties or its content except for the printing and storage authorized in the immediately preceding sentence; (2) modify or otherwise create derivative works of the digital properties or its content; (3) distribute or otherwise disseminate any part of the digital properties or its content; and (4) in any way exploit any part of the digital properties or its content. 

The Carnegie Learning Resource Center, other Carnegie Learning subdomains, software, and mobile apps may offer you access to Carnegie Learning teaching and learning resource materials and other copyrighted materials.  These materials are under copyright and may not be distributed, shared or posted without permission from Carnegie Learning.

The Carnegie Learning Resource Center offers you access to MATHia® and/or Cognitive Tutor® software. Please see License Agreement for software use.

Non-Student Users who post materials to the digital properties grant Carnegie Learning an unlimited license to reproduce, distribute, and share such materials without the user’s permission. 

 

7.  If you believe that your copyrighted work has been improperly used on our Site, you should notify our copyright agent.

We respect the intellectual property rights of others.  If you believe that content on a Site infringes your copyright, you may send a notification pursuant to Section 512 of the Copyright Act (17 U.S.C. § 512) to our designated agent as follows:

 

DMCA Agent

Carnegie Learning

501 Grant Street

Union Trust Building, Suite 1075

Pittsburgh, PA 15219

dmca@carnegielearning.com

 

8. YOUR RIGHTS AND REMEDIES FOR YOUR USE OF THE DIGITAL PROPERTIES ARE LIMITED.

WE DO NOT WARRANT: (1) THAT THE DIGITAL PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) THAT THE DIGITAL PROPERTIES OR ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS OR OMMISSIONS; (3) THAT THE DIGITAL PROPERTIES OR THE SERVERS HOSTING THEM WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE DIGITAL PROPERTIES OR ITS CONTENT WILL CONTINUE TO BE AVAILABLE.  WE SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES.  WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE DIGITAL PROPERTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT.  THE DIGITAL PROPERTIES AND THEIR CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE DIGITAL PROPERTIES IS AT YOUR RISK.  IF YOU ARE DISSATISFIED WITH THE DIGITAL PROPERTIES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THEM.  SOME CONTENT ON THE DIGITAL PROPERTIES MAY HAVE BEEN POSTED BY THIRD PARTY USERS OF THE DIGITAL PROPERTIES.  WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT.  WE SHALL HAVE NO LIABILITY FOR ANY SUCH CONTENT. 

YOUR PARTICIPATION IN THE DIGITAL PROPERTIES IS SOLELY AT YOUR OWN RISK.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE DIGITAL PROPERTIES, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DIGITAL PROPERTIES IS 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 SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE DIGITAL PROPERTIES.  WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.  THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER WE NOR OUR MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE DIGITAL PROPERTIES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.  WE ENCOURAGE YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE DIGITAL PROPERTIES. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE DIGITAL PROPERTIES, YOUR USE OR INABILITY TO USE THE DIGITAL PROPERTIES, OR ANY PRODUCTS PURCHASED THROUGH THE DIGITAL PROPERTIES, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL OUR LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO US IN CONNECTION WITH YOUR USE OF THE DIGITAL PROPERTIES (INCLUDING FOR ANY PRODUCTS PURCHASED THROUGH THE DIGITAL PROPERTIES) IN THE TWELVE MONTHS PRECEEDING THE CLAIM.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

WE ARE NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE DIGITAL PROPERTIES. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any digital properties to which we may provide links, and you hereby waive any claim you might have against us with respect to such digital properties.

 

9. If you violate these Terms, and someone makes a claim against us as a result, you must make us whole.

You agree to defend, indemnify, and hold us harmless against any and all claims or demands, including damages, costs and expenses, or attorneys’ fees arising from or related to your (or any other subscriber of your account’s) use or misuse of the digital properties.  We reserve the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim.  You may not settle any claim covered by this Section 9 without our prior written approval.

 

10. Certain other miscellaneous provisions also apply.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to its conflict of laws provisions.  By registering for or using the digital properties, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Pittsburgh, Pennsylvania.

In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

We may assign its rights and obligations under these Terms of Use and upon such assignment we may be relieved of any further obligation hereunder.  You represent to us that you have the authority to register with the digital properties according to these Terms of Use.

These Terms of Use and any additional terms (as such terms shall be identified when posted on the digital properties by us) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.

 

11.  If you have questions or concerns, please contact us, and we will try to resolve them.

If you have any questions or concerns about these Terms or the digital properties, please call us toll-free at 877-401-2527 or contact us at:

Carnegie Learning

501 Grant Street

Union Trust Building, Suite 1075

Pittsburgh, PA 15219

info@carnegielearning.com