Intellus Learning (“Intellus”) Terms and Conditions of Use
Effective as of the date hereof, May 31, 2017.
Ownership of Intellus Platform, and Agreement of Terms and Conditions of Use
This Agreement includes Intellus’ policy for acceptable use of, and your rights, obligations and restrictions regarding, the Intellus Platform. Intellus may modify this Agreement periodically, and such modification(s) shall be effective upon posting to this page. We recommend that you review the posted version of this Agreement from time to time to ensure you are updated as to any such modifications. Intellus may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or posting on this page.
The contents of the Intellus Platform, such as text, graphics, images, information obtained from Intellus’ licensors, User Content (as defined herein), Intellus Content (as defined herein), tools, applications, code and other material contained on the Intellus Platform (the “Content”) are for informational and educational purposes only. Intellus does not recommend or endorse any specific tests, products, procedures, opinions, content or other information that may be displayed on or provided through the Intellus Platform. Reliance on the Intellus Platform, Intellus employees, others appearing on the Intellus Platform at the invitation of a school or university or Intellus, or other users of the Intellus Platform is solely at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of the Intellus Platform, including any reliance on the accuracy, quality, timeliness, completeness, copyright, licensing, use rights or usefulness of the Intellus Platform.
The Intellus Platform may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Intellus’ control, and Intellus is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
USE OF THE INTELLUS PLATFORM
In consideration of your use of the Intellus Platform, you represent that you are of legal age and competent to form a binding contract. You acknowledge that Intellus may establish general practices and limits concerning use of the Intellus Platform, including, without limitation, restrictions on usage, storage space or duration, file or email size or type, and data transmission. You further acknowledge that Intellus reserves the right to modify these general practices and limits from time to time. Unless explicitly stated otherwise, any new features, tools or services that augment or enhance the Intellus Platform shall be subject to this Agreement. Intellus expects to constantly change and improve the Intellus Platform and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Intellus Platform (or any features or functionalities thereof), with or without notice, and to interrupt the operation of the Intellus Platform, or any portion of the Intellus Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You can stop using the Intellus Platform at any time, although we’ll be sorry to see you go. Intellus may stop providing access to the Intellus Platform or any policies or terms to you, or add or create new limits to your access at any time.
If you are a registered user, as part of the Intellus Platform, you will have access to tools for viewing, curating, storage and transmission of personal and educational information. By registering to use the Intellus Platform, you consent and agree to the transmission to and from and storage of and access to personal and educational information (both in electronic and hardcopy form) by Intellus and, if applicabe, your school and any school administrator or official. Intellus may also enclose personal information in a message sent to you through email or regular mail at your request. These messages — which may take the form of a general update, a specific response to your questions, feedback or other information related to material you submitted or uploaded, or any other form — may be sent to the email address, physical location, and/or any other place or location (virtual or otherwise) that you may specify or have specified to Intellus. You agree that all agreements, notices, records, disclosures and other communications that Intellus or your school provide to you electronically satisfy all legal requirements that such communications be in writing.
As a registered user, you have received a password and account name. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account on the Intellus Platform. You agree to (a) immediately notify Intellus of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) provide true, accurate, current and complete information about yourself when registering with the Intellus Platform (the “Registration Data”), and (d) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Intellus has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, Intellus has the right to suspend or terminate your account as provided herein. Intellus cannot and will not be liable for any loss or damages arising from your failure to provide us with accurate information (including Registration Data) or to keep your password secure. You may be responsible for harm or losses incurred by Intellus or any other user of or visitor to the Intellus Platform due to someone else using your Intellus ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Intellus ID, password or account at any time without the express permission and consent of the holder of that Intellus ID, password or account. Intellus cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations, and you agree to indemnify and hold harmless Intellus from any loss, harm or obligation arising out of such failure.
You understand that all information, including, but not limited to, personally identifiable information, Registration Data, personal and educational information, digital images, electronic records, data, text, video, messages or other materials (“User Content”), whether publicly or privately transmitted, is the sole responsibility of the person from whose user account such User Content originated. This means that you, and not Intellus, are entirely responsible for all User Content that you may upload, download, post, email, transmit or otherwise make available via the Intellus Platform. The Intellus Platform may allow you and others to submit, upload and/or share User Content. You retain ownership of any intellectual property rights that you hold to content that you upload.
You agree that you are responsible for your own conduct and any User Content that you create, transmit, upload or share while using the Intellus Platform and for any consequences thereof. You agree that you will not engage in any activity that interferes with or disrupts the Intellus Platform, related services or servers or networks connected to the Intellus Platform.
Intellus does not control the User Content and some of the content that you may have access to is not that of Intellus. Intellus does not guarantee the accuracy, integrity, quality or security of such User Content. We may review User Content to determine whether it is illegal or violates our policies, and we may remove, filter, flag or refuse to display it if we reasonably believe it violates our policies or the law. Under no circumstances will Intellus be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Intellus Platform.
Using or accessing the Intellus Platform does not give you ownership of any intellectual property rights in the Intellus Platform or the content you may have access to on the Intellus Platform. You may not use content from the Intellus Platform unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in or on the Intellus Platform. Don’t remove, obscure, or alter any legal notices displayed in or on the Intellus Platform.
You agree that Intellus has no responsibility or liability for the deletion or failure to store any User Content and other communications maintained or transmitted on or via the Intellus Platform. You acknowledge that Intellus may have set no fixed upper limit on the number of transmissions you may send or receive through the Intellus Platform or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
You may not attempt to gain unauthorized access to any portion or feature of the Intellus Platform, or any other systems or networks connected to the Intellus Platform or to any Intellus server, or to any of the services offered on or through the Intellus Platform, by hacking, password “mining” or any other illegitimate means.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Intellus Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Intellus Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Intellus Platform. Intellus reserves the right to bar any such activity.
You may not probe, scan or test the vulnerability of the Intellus Platform or any network connected to the Intellus Platform, nor breach the security or authentication measures on the Intellus Platform or any network connected to the Intellus Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Intellus Platform, or any other customer of Intellus, including any Intellus account not owned by you, to its source, or exploit the Intellus Platform or any service or information made available or offered by or through the Intellus Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Intellus Platform.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Intellus Platform or Intellus’ systems or networks, or any systems or networks connected to the Intellus Platform or to Intellus.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Intellus Platform or any transaction being conducted on the Intellus Platform, or with any other person’s use of the Intellus Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Intellus on or through the Intellus Platform or any service offered on or through the Intellus Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Violation of any applicable local, state, national, or international laws;
- Transmitting any material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Transmitting any material that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, vulgar, obscene, insensitive or embarrassing to any other person or entity, as determined by Intellus or the School in their sole discretion;
- Impersonating, falsely stating or otherwise misrepresenting your affiliation with, any person or entity;
- Transmitting any material that contains software viruses, “spyware,” “adware,” time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- Interfering with, disrupting, exceeding permitted access to or accessing without authorization, the Intellus Platform or servers or networks used to provide access to the Intellus Platform, or disobeying any requirements, procedures, policies or regulations of the Intellus Platform or networks connected to the Intellus Platform.
Recognizing the global nature of the Internet, you agree to comply with all laws and rules regarding online conduct and acceptable content that are applicable to the location from which you access the Intellus Platform. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF the Intellus Platform IS AT YOUR SOLE RISK. The Intellus Platform and all information and files it hosts and makes available to you are PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE INTELLUS PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. INTELLUS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE INTELLUS PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE INTELLUS PLATFORM AND ANY LINKED SITES. INTELLUS AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. Intellus assumes no responsibility for the timeliness, deletion, transmission, mis-delivery or failure to store any User Content. You are responsible for obtaining access to the Intellus Platform, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Intellus Platform, and unless otherwise agreed by INTELLUS, providing all personal information in THE FORMAT SPECIFIED BY INTELLUS .
- INTELLUS AND ITS SUBSIDIARIES, AFFILIATES, members, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE INTELLUS PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE INTELLUS PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INTELLUS PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE INTELLUS PLATFORM AND ANY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE INTELLUS PLATFORM WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE INTELLUS PLATFORM WILL BE CORRECTED.
- You specifically understand and agree that Intellus, in providing the Intellus Platform, will serve as a conduit for information provided by third parties, and that Intellus may rely on such information and services and products provided to it by third parties. Intellus assumes no responsibility or liability for the accuracy, completeness, propriety, necessity or advisability of any information which may be provided, directly or indirectly, to you, or of the educational or other services to which such information may relate. The parties further understand and agree that Intellus shall have no responsibility of any kind to you or any third party for any education and/or information you may believe you are due or have been promised; or any other information or services provided by or through any Intellus Platform. Performance by Intellus of its obligations hereunder shall not give rise to any implication that Intellus is making any benefit or payment determination, providing information or education services or otherwise assuming any responsibility for the scope or quality of education or information afforded to you. The Intellus Platform IS not intended to supplant, copy, reproduce, emulate or replace an in-person classroom.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE INTELLUS PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE ABOVE DISCLAIMERS APPLY TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTELLUS AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE, MISUSE OR THE INABILITY TO USE THE INTELLUS PLATFORM; (ii) INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE INTELLUS PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE INTELLUS PLATFORM; (v) ACCESS TO, OR THROUGH, THE INTELLUS PLATFORM THROUGH OR WITHIN ANY MEDIUM; OR (vi) ANY OTHER MATTER RELATING TO THE INTELLUS PLATFORM OR INTELLUS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS INTELLUS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
This Agreement constitutes the entire understanding between you and Intellus and governs your use of the Intellus Platform, superseding any prior agreements between you and Intellus with respect to the Intellus Platform. You also may be subject to additional terms and conditions that may apply when you use certain features of the Intellus Platform. We may modify these terms or any additional terms that apply to the Intellus Platform to, for example, reflect changes to the law or changes to the Intellus Platform. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms here or with the introduction to the new feature or functionality (if applicable). Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions of the Intellus Platform or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Intellus Platform, you should discontinue your use of the Intellus Platform.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Intellus and you. They do not create any third party beneficiary rights.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Intellus Platform, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
This Agreement will be governed by and construed in accordance with the laws of California, USA. Any legal action or proceeding relating to your access to, or use of, this website or our content will be instituted in a state or federal court in Santa Clara County, California, and you hereby agree to submit to the personal jurisdiction of those courts.
The failure of Intellus to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You agree that your Intellus Platform account, including, but not limited to, any rights to your Intellus Platform user name, password or User Content within your account, is not transferable or assignable. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Intellus Platform or this Agreement must be filed within six (6) months after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this website are registered and unregistered trademarks of Intellus and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Intellus or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Intellus Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Intellus Content, contained on the Intellus Platform is owned, controlled or licensed by or to Intellus, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Intellus products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Intellus for downloading from the Intellus Platform, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
FEEDBACK AND INFORMATION
Intellus or any of its employees do not accept or consider unsolicited ideas, including ideas for new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Intellus or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Intellus’ products or marketing strategies might seem similar to ideas submitted to Intellus. If, despite our request that you not send us your ideas, you still submit them, then regardless of any other terms contained in your submission, the following terms shall apply to your submissions.
You agree that: (1) your submissions and their contents will automatically become the property of Intellus, without any compensation to you; (2) Intellus may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Intellus to review the submission; and (4) there is no obligation to keep any submissions confidential.
Intellus does, however, welcome your feedback regarding many areas of Intellus’ existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at http://Intellus.com/about/contact/, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on Intellus’ existing products; do not include any ideas that Intellus’ policy will not permit it to accept or consider. It’s just one more way that Intellus can learn how to best satisfy your needs.
Any feedback you provide at this site shall be deemed to be non-confidential. Intellus shall be free to use such information on an unrestricted basis.
If you have any questions or concerns about this Agreement, please feel free to contact us at:
Address: 1484 Pollard Road, #524, Los Gatos, CA 95032
This Agreement was last revised May 31, 2017.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.