1. LSI and NI (a division of LSI) agrees to provide you ("You" or the “End-User”) with a limited, non-exclusive, non-transferable, non-assignable, license to use the System, as further specified herein. Such access shall be governed by the terms of this Agreement. All rights not expressly granted to the End-User herein are retained by LSI.
2. At Your own expense, You will provide and maintain all equipment necessary that meet LSI requirements to effectively and reliably access the System as well as optional peripheral hardware. LSI is not responsible for providing You with technical support on hardware or on wireless access and internet connectivity.
3. LSI will use its best efforts to provide access to the System on ninety-nine percent (99%) of the time. Notwithstanding the foregoing, You acknowledge that access to the System may be interrupted or disrupted from time to time due to reasons that include but is not limited to scheduled system maintenance, and that LSI will not be liable for any damages, direct or indirect, arising out of any interruption to or disruption of access to the System. You acknowledge that service interruptions may result from Your wireless internet connectivity, and that LSI shall not be responsible for the same.
4. You are issued a user identification and password to access the System, and You shall abide by the rules set forth in this Section. You shall indemnify and hold LSI harmless against all claims and/or losses, including attorneys fees, related to Your breach of these rules. LSI reserves the right, at anytime and in LSI's sole discretion, to terminate System access for Your failing to comply with the terms of this Section.
a. You shall not disclose Your assigned user identifications and passwords to any person, nor allow any person to use Your user identifications and passwords to access the System. You are responsible for any and all activities that occur on Your account.
b. You agree to notify LSI immediately of any unauthorized use of Your account or any other breach of security of which You become aware. LSI shall not be liable for any loss to You resulting from someone else using Your password, account, or mobile device with access to account information or data transported through the device either with or without Your knowledge.
c. You shall not alter, “mirror” (ie: create a replica of the System or features on the System) any material contained within or on the System, or disable, overburden, or impair any LSI server or interfere with any other person’s use and enjoyment of the System through hacking, password mining, denial of service attacks, or any other means.
d. You agree and acknowledge that LSI is the owner or licensee of all rights in the System, including the platform and the content that appears on the System (the "Content") other than information and Content which You input into the System for Your own use, and You will not challenge those rights or do anything that might impair or damage those rights. The System, including the Platform and the Content, is protected by patent, copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on the System may violate such laws. The trademarks, logos and service marks used and displayed on the System (the "Trademarks") are registered and unregistered trademarks of LSI, LSI Partners and others. Under no circumstances may You use any of the Trademarks, whether owned by or licensed to LSI or LSI Partners. If You make any copies of the System, or portions of the System, such copies must include the appropriate copyright, trademark or other proprietary notices. No links may be established to any part of the System's website, and no information or Content on the System's website may be framed without the prior written approval of LSI.
e. You agree and understand that LSI does not screen, review or control the Content provided by You on the System. We are not responsible for such Content or other information or material submitted by You.
5. Upon any termination of this Agreement for any reason, LSI shall deactivate Your identifications and passwords.
6. Many of the features on the System require You to submit work or Content to this website. By submitting Content, You automatically grant permission to LSI to display, distribute and/or otherwise transmit the Content as contemplated by the use of the System.
8. Payment for access to the website is due upon registration and at least annually thereafter. You agree to abide by these payment terms. Any violation of these terms or other agreements in writing established between You and LSI may result in forfeiture of access to the website.
9. This website is published and maintained by LSI and is strictly for educational purposes. You may not distribute, exchange, modify, or interrupt any operation on the site. All materials such as text, audio, images, video clips, graphics, logos, button icons, and software are protected under U.S. copyright and/or patent law. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance is strictly prohibited with the exception of published work, feedback, comments, and other public or group postings.
10. This Agreement shall not be construed to create a joint venture or partnership between the parties. The parties shall at all times be independent of one another in performance of their rights and responsibilities under this Agreement.
11. UNDER NO CIRCUMSTANCES SHALL LSI (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM THE USE OF OR INABILITY TO USE THE SYSTEM OR ANY PORTION THEREOF. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF LSI HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF LSI TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE FEES YOU PAID TO ACCESS THE SYSTEM FOR THE THEN-CURRENT SUBSCRIPTION TERM.
12. Course Refunds/Withdrawal If for any reason you need to withdraw an enrollment in a course, you may contact Customer Support via our website. Withdrawal and refund policies may vary by course. Be aware that cancellations or deletions of enrollments cannot be reversed. All coursework completed will be permanently deleted as well.
13. Termination LSI may terminate or suspend your access to and use of this site without notice for any reason.
14. Reviews And Comments
16. Discussion Groups Discussion groups are available for professional use by educators, administrators and others interested in educational related topics.
a. Participants in discussion groups at the LSI website(s) are solely responsible for the material that they post to the site. All material posted is considered non-confidential and once posted it becomes public information.
b. LSI does not screen, review or control the information and listings posted by users of discussion groups. Learning Sciences is not responsible for the information or material uploaded to discussion groups by others, and cannot guarantee the accuracy of the information provided by any other party. Because LSI does not control the transmissions between you and other users of the discussion groups, you hereby acknowledge that LSI is in no way liable for any claims arising from your use of the discussion groups.
d. LSI does not endorse or claim responsibility for any content displayed by users within a discussion group. LSI has the right to remove any material from a discussion group that it finds objectionable.
17. Third Party Content and Linked Sites You acknowledge that the opinions and recommendations expressed or made available on this website are those of the respective author(s) and are not necessarily those of Learning Sciences or endorsed by Learning Sciences. This website contains links to other websites created and maintained by other organizations, which may or may not be related to Learning Sciences. These links are provided for your convenience and are for reference only and you agree that links do not imply that Learning Sciences is affiliated or associated with Learning Sciences, or that any linked website is authorized to use any trademark, trade name, logo or copyright of Learning Sciences.
18. Copyright Concerns LSI respects the property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please contact Customer Support.
19. Disclaimer No warranty is made that the online services provided on the LSI website(s) will operate or function properly on a user's computer or that the service will conform to certain performance specifications.
20. This site is provided by LSI on an "as is" basis without warranties of any kind, either expressed or implied, including warranties of merchantability or fitness for any particular purpose or any other statutory or common law warranties. LSI makes no representations as to the operation of the site or the information, content, or materials included on this site.
21. LSI operates and controls the System from its offices within the Commonwealth of Pennsylvania, United States of America. You agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles, will apply to all matters regarding the use of the System. You also agree to submit to the exclusive personal jurisdiction and venue of the Common Pleas Court of Dauphin County and the United States District Court for the Middle District of Pennsylvania with respect to such matters.
22. This Agreement and any rights granted under them, may not be transferred or assigned by You, but may be assigned by LSI without restriction.