GRL CONTENT TERMS AND CONDITIONS OF USE

Content is Great River Learning’s proprietary content delivery system, and it is an online publishing platform consisting of various learning tools for schools, educators, students and administrators ("End Users" or, as applicable to you, "You").

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

Restrictions on Use

All pages within Content and any material made available for download, if any, (collectively the "Site") are the property of Great River Learning™ ("GRL"), its affiliates and/or their licensors. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form for personal or business use without GRL’s express written permission. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by GRL.

Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. YOUR USE OF THE SITE IS YOUR AGREEMENT THAT GRL, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE- RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although GRL attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform GRL so that it can be corrected. Information contained on the Site may be changed or updated without notice. 3. Confidential and Proprietary

Confidential and Proprietary Information

GRL does not want to receive confidential or proprietary information from You through the Site. Please note that any information or material sent to GRL through the Site will be deemed NOT to be confidential. By sending GRL any information or material, you grant GRL an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that GRL is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

Links to Our Site

If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement, which may be found at: https://www.grlcontent.com

Links or Pointers to Other Sites

GRL makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-GRL Website, please understand that it is independent from GRL, and that GRL has no control over the content on that Website. In addition, a hyperlink to a non-GRL Website does not mean that GRL endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses,worms, trojan horses, and other items of a destructive nature.

Choice of Law and Venue

These Terms and Conditions are entered into in the State of Iowa and shall be governed by and construed in accordance with the laws of the State of Iowa, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Dubuque in the State of Iowa, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Entire Agreement

These Terms and Conditions constitute the entire agreement between GRL and You pertaining to the subject matter of this Agreement. In its sole discretion, GRL may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to GRL that You will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You are responsible for adhering to any and all laws, rules, and regulations that are applicable regardless of any previous knowledge or lack of knowledge about such laws, rules or regulations. GRL is not responsible for the content of any information that is uploaded, posted or transmitted by you or other third parties to this website. Since GRL does not control the content of what is uploaded, posted, or transmitted, it cannot guarantee the accuracy, integrity of quality, or legality of such content.

Anyone who registers or uses this Site does so at his or her own risk, and GRL shall not be liable in any way for the content, or for any loss or damage that may be incurred as a result of using any content or information transmitted via this website. GRL’s rights and protections as stated in these Terms of Use are equally applicable to any internet service provider that it has selected to host the Site.

You agree that you will not use this Site to:
1. Commit or cause to be committed any criminal offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal or international law or regulation;
2. Upload, post, e-mail or otherwise transmit any content that is unlawful, libelous, defamatory, harassing, abusive, invasive of another’s privacy, infringes upon the rights of third parties, harmful, tortious, or obscene;
3. Harm any minors in any way;
4. Upload, post, e-mail or otherwise transmit any material, information or content that you do not have a right to transmit under law or contractual relationship;
5. Upload, post, email or otherwise transmit any material, information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any other individual, party or entity;
6. Disguise the origin of the material, information or content by omitting or obscuring copyright or authorship, or by forging headers or otherwise manipulating identifiers;
7. Upload, post, e-mail or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation, such as "junk mail", "spam", "chain letters", or "pyramid schemes";
8. Alter, damage, or delete any material, information or content or communication that is not yours or to interfere with the ability of others to have access or use of this website;
9. Upload, post, e-mail or otherwise transmit any material, information or content that contains a software virus or any other computer code, file or program that would interfere with the functionality of any computer software, hardware or telecommunication equipment;
10. Disrupt the normal communication or otherwise act in such a way that would negatively impact other users’ ability to engage in real-time exchanges;
11. Impersonate or claim a relationship with or speak for any individual, business, association, institution, or other organization, including, but not limited to GRL, for which you have no authorization to do so or to claim such a relationship;
12. Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services and/or this Site;
13. Collect or store personal data about other users;
14. Stalk or otherwise harass any individual; or
15. Cause to be reproduced, duplicated, copied, used, distributed, sold, resold, or otherwise exploit in any manner for commercial use or purposes, any aspect of the Site or the associated services, use of this Site or the associated services, or access to this Site or the associated services.

User Content

You hereby automatically grant and/or warrant that any material, information or content that is uploaded by You or is otherwise made available by You to the Site upon your uploading or making available of such material, information or content that the owner of such material, information or content has granted GRL as the provider of this website, a perpetual, royalty free, non-exclusive right and license to use, reproduce, modify, publish, distribute, display, perform and transmit the information or content through this website.

You further warrant that all such materials do not infringe upon any copyright, violate any property rights or contain scandalous, libelous, or unlawful matter. In the event of a claim, demand or suit against GRL, its affiliates or licensors by reason of any violation of proprietary rights or copyrights, or by reason of any libelous, unlawful or otherwise injurious material uploaded, posted, e-mailed or otherwise transmitted via this website, you agree that GRL may take any action it deems appropriate for the resolution of such dispute. Further, you agree to indemnify and hold harmless GRL for expenses incurred in the defense of such claim, demand, or suit including reasonable attorney’s fees, and for any recovery finally obtained by the claimant as a result thereof.

Indemnification by Users

You agree to indemnify and hold harmless GRL and its affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorney’s fees, made by You or by any third party because of or arising out of material or information you submit, post to or transmit through this website and its services, Your use of the Site and/or its services, Your connection to this Site and services, your or any third party’s breach or violation of these Terms of Use or Privacy Statement, or your violation of any rights of third parties.

Trademark Notice

"Great River Learning", "GRL", "WebCOM", and all associated marks, logos, trade dress are the trademarks, services marks, trade dress or logos of Great River Learning All other trademarks, service marks, trade dress, and logos used in this course website and related services, including those of the Association, are the trademarks, service marks, trade dress, and logos of their respective owners.

Suspension or Termination of Access

You agree that in its sole discretion GRL, GRL can suspend or terminate your password, account number, and access to this Site and the services provided, and You further agree that any material, information or content may be removed for any reason, including, without limitation, if it is believed that any act or omission has occurred in violation of the letter or spirit of these Terms of Use. GRL need not provide advance notice for any suspension, termination, denial of access or removal of content. You acknowledge and agree that if your password, account or access is terminated or discontinued for any reason, GRL may delete all information that is related to you on the Site and may bar your access to the Site and use of its services.

Additionally, you agree to waive any and all claims against GRL, its affiliates or its providers for any suspension or termination of Your access to the Site or removal of content by GRL, or by other third parties, even if done for erroneous, malicious, or otherwise wrongful reasons.

Interruption or Modification to Services

GRL reserves the right to modify or discontinue, temporarily or permanently, in whole or in part, the Site and the services provided with or without notice, and you agree that no liability shall extend to GRL or to third parties as a result thereof. GRL has made reasonable efforts to ensure that the Site and the services provided function appropriately for their intended use. However, such complex systems do have occasional glitches, and the internet is an inherently risky and, at times, unreliable medium. You acknowledge and agree that the Site and the services provided are subject to occasional technical problems and to periodic and unscheduled suspension for maintenance, upgrades, enhancements, and at times interruptions in service beyond GRL’s control. You agree to indemnify and hold harmless GRL from any claims, damages, demands, or loss incurred by you on account of such suspensions, down time, interruptions or functional deficiencies in service, including, but not limited to server down time that may prevent you from timely completing an assignment as required.

Conducting Business

Any correspondence or business dealing You may have with an individual or business entity found on or through the Site, including payment and delivery of related goods or services, as well as any other terms, conditions, warranties or representations associated with such correspondence or business dealings, are only between You and such other business individual or entity. It is acknowledged and agreed by You that GRL is not responsible or liable for any loss or damage of any kind incurred as the result of any such correspondence or business dealings or as the result of the presence of such business opportunities on this website or linked to this course website. You further agree that any correspondence or business dealing is done at your own risk.

Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. GRL AND THE INTERNET SERVICE PROVIDER ARE NOT RESPONSIBLE FOR THE MATERIAL, INFORMATION OR CONTENT CONTAINED WITHIN THE SITE AND NO REPRESENTATIONS ARE MADE AS TO THE SUITABILITY OF THE MATERIAL, INFORMATION OR CONTENT FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY QUALITY, STABILITY COMPLETENESS OR CURRENT STATUS.
2. THE USE OF THE SITE IS AT YOUR OWN RISK AND IT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY GRL.
3. NEITHER GRL, NOR ITS AFFILAITES OR LICENSORS OF THE SITE, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT:
  1. THAT NO INTERRUPTION OF SERVICES WILL OCCUR;
  2. THAT THE SERVICE WILL BE TIMELY, SECURE, OR ERROR-FREE;
  3. THAT THE SERVICE WILL MEET THE REQUIREMENTS OF THE END USER;
  4. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND ITS SERVICES WILL BE ACCURATE, RELIABLE, OR SUITABLE;
  5. THE QUALITY OF ANY MATERIAL, INFORMATION, PRODUCT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU VIA THE SITE WILL MEET THE EXPECTATIONS OF THE END USER OR PURCHASER; AND
  6. THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
4. ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR OTHERWISE OBTAINED MATERIAL THROUGH THE USE OF THE SITE IS YOUR SOLE RESPONSIBILITY AND ANY SUCH DOWNLOAD IS DONE AT YOUR OWN RISK.
5. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT YOU HAVE RECEIVED FROM GRL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Liability Limitations

YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT IN NO EVENT WILL GRL, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF, NONUSE OF OR INABILITY TO ACCESS COMPLETELY THE SITE, INCLUDING WITHOUT LIMITATION:
1. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
2. FOR COMPUTER DAMAGE, FAILURE OR MALFUNCTION;
3. DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURES, THEFT DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. ANY STATEMENT OR CONDUCT MADE BY A THIRD PARTY; AND
5. ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS, EITHER FEDERAL OR STATE, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND AS SUCH SOME OF THIS SECTION MAY NOT BE APPLICABLE TO YOU. IN SUCH JURISDICTIONS, GRL’S LIABILITY AS PROVIDER OF THIS WEBSITE IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.