ACCEPTANCE OF TERM
Last Modified March 7, 2012
Welcome to insighteducationgroup.com, the corporate website of Insight Education Group, Inc. (“Insight”, “we”, “our”, “us”). These terms and conditions are a legal agreement (“Agreement”) that contains the complete terms and conditions that apply when you visit insighteducationgroup.com or other websites owned or operated by Insight (collectively, the “Site”), except to the extent such websites are governed by separate terms.
YOU UNDERSTAND THAT BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE.
This Agreement describes and encompasses the entire agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the content provided by or through the Site, and the subject matter of this Agreement.
All Insight applications, tools and services, including Insight’s online service, myCore™, are provided subject to a separate Terms of Service agreement. In the event of any conflict between this Agreement and a Terms of Service agreement between you and Insight, the Terms of Service agreement will govern.
EDITING, DELETING AND MODIFICATION
We may change or modify this Agreement at any time and in our sole discretion. Any such modifications shall become effective immediately by posting a notice or a new agreement. YOUR CONTINUED VISITS TO THE SITE OR NAVIGATION WITHIN IT FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. You must review this Agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of this Agreement at: www.insighteducationgroup.com/privacy-policy We also reserve the right, at our sole discretion, to change, modify or otherwise alter, or remove the Site at any time, without notice. You understand and agree that it is your responsibility to monitor changes to the Site.
RELIANCE ON INFORMATION
The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. Further, the Site may contain certain historical information that is not current and is provided for reference only.
LICENSE AND SITE ACCESS
Insight grants you a limited, revocable, nonexclusive license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with the express written consent from our company. No portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Insight. This license does not include any personal collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Insight. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent, and comply with our robots.txt file.
Any unauthorized use terminates the permission or license granted herein. Without limiting the generality of the foregoing, it shall be an unauthorized use to attempt to probe, scan or test the vulnerability of any Insight system or network or breach, impair, circumvent or otherwise interfere with any security or authentication measures protecting any Insight system or network, including the Site, or features that prevent or restrict use or copying of any content or to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site.
In order to collect, aggregate, copy, duplicate, display or make derivative use of the Site or any content made available via the Site for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Insight.
You agree that Insight, in its sole discretion, has the right (but not the obligation) to terminate your access to or use of the Site (or any part thereof), immediately and without notice, if Insight believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that Insight shall not be liable to you or any third party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said access termination.
LINKS & FRAMING
You shall not use our company logo or other proprietary graphic to link to this Site without our express written permission. You may not frame any element of the Site without our express written consent.
We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site, or websites linking to the Site. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. The foregoing may not apply to the limited extent we may have contributed content on such sites, in which case you agree that such content shall be subject to the disclaimers in this Agreement. If you decide to access links to third-party web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site’s proprietor.
YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, INSIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE OR ANY OF OUR COMPANY’S SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD OR ACCESS ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL INSIGHT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSIGHT'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED $50. INSIGHT WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE OR SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. In some jurisdictions, limitations of liability are not permitted under certain conditions. In such jurisdictions, some of the foregoing limitations may not apply to you.
INTELLECTUAL PROPERTY RIGHTS
The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. You hereby acknowledge that Insight owns all rights, titles and interests, including but not limited to rights covered by the intellectual property rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto. All trademarks on the Site are property of their respective owners, and all rights therein are reserved.
We welcome feedback, comments and suggestions for improvements to the Site or other suggestions ("Feedback"). You may submit Feedback by emailing us at [email protected] or through the "Contact Us" section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Insight and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to Insight together with all intellectual property rights therein.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt will be void and may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
SEVERABILITY OF TERMS
In the event that any provision of this Agreement is found invalid or unenforceable, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remaining provisions shall remain valid and enforceable according to its terms.
The Agreement describes and encompasses the entire agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
GOVERNING LAW; DISPUTES
You agree to comply with all applicable laws, regulations, agreements, and licenses regarding your use of the Site including but not limited to those regarding the transmission of technical data exported from the United States or the country in which you reside. This Agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to, or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of courts located in Southern California, and the parties agree to submit to the personal jurisdiction of such courts. You agree that this Agreement and the rules, restrictions and policies contained herein, and Insight's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Insight. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.