Terms of use
Gibbs M. Smith, Inc.
d.b.a. Gibbs Smith Education
These terms and conditions (the “Terms of Use”) apply to all applications, websites, and other digital access points owned and operated by Gibbs Smith Education (GSE) or any of our affiliated companies and are considered property of GSE, and are protected, without limitations, pursuant to U.S. and foreign copyright and trademark laws. By using or registering for any of our Services or Sites (as defined below), or accessing any content or material that we make available through the Services or Sites via computer, mobile device, or otherwise, you agree to these Terms of Use. These Terms of Use, or Privacy Notice, which is hereby incorporated by reference, and any ordering document from a legally binding agreement between you and GSE (collectively, this “Agreement”). We reserve the right, at our discretion, to change these Terms of Use in the future.
- SERVICES FOR USERS
GSE operates electronic platforms/systems including web and mobile applications that enable students, instructors, and administrators of educational institutions to access and use online products and services offered by GSE through our Sites. The material on our Sites includes general, non-proprietary information available to all users of our Sites. However, some material and services are only available per legal agreement and authorized registration is required, and acceptance by the educational institution to these Terms of Use for all user’s access material through their authorized agreement is required prior to any access being granted by GSE. - USER INFORMATION, COPPA
In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information (PII) from users under thirteen (13) years of age without the consent of their educational institution or the child’s parent or guardian. We do knowingly not ask for, nor solicit from any educational institution any PII from any educational institution unless to integrate or grant access to our online products or services. We use student information to provide the services to the educational institution and its students, consistent with our Privacy Notice. - INTELLECTUAL PROPERTY
During the term of your subscription/contact with GSE, subject to the payment of any fees in any applicable subscription agreement and subject to compliance with these Terms of Use and any other agreement governing your use of the Services, GSE grants you limited, non-exclusive, and non-transferable license to access and use the Services over the Internet via the Site provided for the Services for your own internal use for educational purposes only. GSE is the owner and/or authorized user of all trademarks, logos, service marks, and trade names (collectively the “Trademarks”) on our Sites and is the owner or licensee of the content and/or information on our Sites. Your use of our Sites does not grand you a license to any content or materials that you may access on our Sites, including any reproduction in any form, digital or print, unless otherwise expressly provided in these Terms of Use, Terms of Service, or by written permission from an authorized representative of GSE. You may not use any Trademark displayed on our Sites without prior written consent or prior written consent of the third-party that owns any other trademarks in any way or form. - ACCESS TO GSE CONTENT
Your use of GSE content, materials, or any intellectual property is subject to these Terms of Use as well as any additional terms you agree to in connection with such GSE content and/or posted on the Site for GSE, without limitation, any prohibitions on distribution of GSE content to students or third parties in any way or form. You are responsible for maintaining the confidentiality of passwords, account information, and are fully responsible for any and all activities that occur under your password, account, username, or other access means (integration, etc.). You may not share or distribute to any third party, any screen name or password for accessing services or content owned by GSE or its authorized licensees. - RESTRICTIONS OF/ON USE
Only you are to access the Services and/or the GSE Content using your username and password. If your license includes access to eBooks, worksheets, interactive content, or other proprietary content or tools to GSE during the time you have a valid license, you may access your assigned content on only one (1) web session or mobile device application, or any other access method. If we have reason to believe you have shared your password information or any other method to access your account or have used the Services or Content in violation of the provisions herein, we may suspend or terminate your account and refuse any and all current use or future use of the Services without refund or compensation. You agree that you will not otherwise copy, transmit, rent, forward, lend, sell, post (digitally or physically), or modify any materials from the Services and/or the GSE Content or modify or remove any proprietary notices contained therein, or create or enable the creation of derivative works based thereon. You may not use any robot, spider, other automatic device or program or manual process to access, monitor, copy or reproduce the Services or the GSE Content. You may not engage in systematic retrieval of content from the Services or the GSE Content to create or compile, directly or indirectly, a collection, compilation, database, or directory. You may not disseminate any portion of the Services or the GSE Content through electronic means, including mail lists or electronic bulletin boards. You may not reverse engineer the Services, nor circumvent, disable, or otherwise interfere with any technical and/or other limitations, including without limitation security-related features. You acquire no right, title, or interest in any GSE content except for the limited access license granted to you, and GSE reserves all rights in the GSE Content. - COMMUNICATION TO GSE
Although we encourage you to email us, you should not email us anything that contains confidential information or PII. Please refer to the Privacy Notice with regard to how we handle your PII. By emailing us or otherwise providing content to us, or posting content to the Sites or the Services including but not limited to feedback, questions, comments, suggestions, and the like (collectively “User Content”), you agree by our User Content Submission Agreement any we may use any non-PII ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production, and marketing of products and services that incorporate such information You own the rights to anything you post to the Sites or the Services, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all non-PII submissions you provide to us, in any media now known or hereafter devised. The Site or Services may permit you to upload third-party content for use with the Site or Services (“Service Uploads”). You represent and warrant that prior to providing any upload you have all necessary rights to provide the Service Uploads, and that your Service Uploads will not infringe any third-party rights, including any intellectual property or proprietary rights. You grant GSE the right to make your Service Uploads available to licensed end users in the same manner and to the same extent as the GSE Content provided in the applicable Service. Additional terms and options for Service Uploads may be presented through the applicable upload interface available on the Site offering the Service which shall be in addition to, and not instead of, these Terms of Service. - EXTERNAL WEBSITES
Our Sites may contain links to third-party applications or websites (“External Websites”). These links are provided only as a convenience to you and not as an endorsement by us of the content on such External Websites. When you access an External Website, GSE has no control over its content, applications, or services. We do not make any representations regarding the accuracy, quality, or accessibility of any External Website or its content or materials. GSE disclaims all liability for any errors, omissions, content, violations of third-party rights or illegal conduct arising from such External Websites. - INDEMNIFICATION
You agree to defend, indemnify, and hold harmless GSE and our officers, directors, employees, successors, licensors, service providers, and assignees from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of this Agreement or your access to, use, or misuse, of any and all GSE Sites and Content, or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your full expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to fully cooperate with any requests assisting our defense of such matter. - LIABILITY
IN NO EVENT WILL GSE OR IT'S LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST DATA, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLEGENCE OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORSEEN OR UNFORESEEN WITH RESPECT TO ANY USE FO THE GSE CONTENT, SITES, THE SERVICES, OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF USE AND IN NO EVENT SHALL THE LIABILITY OF GSE OR ITS LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE GSE CONTENT, THE SITES, OR THE SERVICES, EVEN IN ADVICES OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FORGOING EXCLUSION OF LIABILITY IN NOT PERMITTED UNDER APPLICABLE LAW, GSE LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. - INFRINGEMENT NOTIFICATION
We greatly respect the intellectual property rights of others, and require that the people who use our Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send written notification of the claimed infringement to: Legal Department, Gibbs Smith Education, P.O. Box 667, Layton, UT, 84041. Notices of the claimed infringement should include, at a minimum, the following information for investigation: (a) your address, telephone number, and email address; (b) a detailed description of your copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link where applicable; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by you (the copyright owner), its agent, or the law; (e) a physical signature by you, or any other persons authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, notarized under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. - COMPLIANCE WITH APPLICABLE LAWS
We control and operate our Sites and Services from our offices in the United States of America. We do not represent that materials on our Sites are appropriate or available for use in other locations. Persons who choose to access our Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury. - TERMINATION OF AGREEMENT
We reserve the right in our sole discretion, to restrict, suspend, or terminate your use or access to any of the Services, GSE Content, and/or our Sites and/or discontinue any portion, feature, or content of the Services, GSE Content, or Sites, or this Agreement at any time and for any reason without prior notice or liability. If you violate these Terms of Use, GSE may, but is not obligated to, report any such violation of these Terms of Use to your educational institution. When reasonably feasible, we will make reasonable efforts to provide notice of significant changes to the Services to end users with active licenses to use the Services. - MISCELLANEOUS
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the “Termination of Agreement” provision above, the invalidity or termination of such provisions shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to GSE,” “No Warranties,” “Indemnification,” “Liability,” “Compliance with Applicable Laws,” “Termination of this Agreement,” and “Miscellaneous.” Our failure to act or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.