IMPORTANT! PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE GENERAL TERMS AND CONDITIONS THAT YOU AGREE TO BE BOUND BY GOVERNING YOUR USE OF OUR WEBSITE AND OUR SERVICES.
Corwin Press, Inc. ("Corwin"), a SAGE Publications, Inc. company (collectively referred to herein as "Corwin", "we", "our", "us") provides this Corwin Advance website and the course materials and other content located at and under the domain name https://corwin.instructure.com/login/canvas and such other domains as Corwin operates or may in the future operate (collectively, this "Site") and any other Corwin services offered on this Site as described below (collectively, the "Services" ) to you, the user, subject to compliance with these terms and conditions and our Copyright Notice and Claims Regarding Copyright Infringement Policy (“Copyright Policy”) (https://us.sagepub.com/en-us/nam/copyright) relating to this Site and the Services (collectively, this "Agreement" ). By accessing or using the Site and/or the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules, terms, conditions, policies, and procedures that may be published on this Site or in connection with the Services. All such rules, terms, conditions, policies, and procedures are incorporated into this Agreement by this reference. We may change, add or remove portions of this Agreement at any time, and if we do so, we will post such changes on the Site and the changes will become immediately effective, and your continued use of the Site will indicate your acceptance of this Agreement as it is then in effect. Accordingly, you should visit this Site from time to time to review the then-current and effective terms and conditions because they are legally binding on you.
1. General License for Trial Users. If you have not paid for the Services and are using the Services on a trial basis, Corwin hereby grants to you a revocable, non-exclusive, non-transferable, non-sublicensable and limited right and license to access and use only those portions of the Site and the Services accessible to trial users who have been provided a temporary logon approved by Corwin and subject to this Agreement.
2. Access License for Paid Subscription Users. If you have paid for the Services or the school, district or other institution that has paid for the Services has designated you as an authorized user, Corwin hereby grants to you a revocable, non-exclusive, non-transferable, non-sublicensable and limited right and license to access and use only those portions of the Site and the Services in accordance with the terms of your subscription and subject to this Agreement.
3. Ownership. It is hereby understood and agreed that Corwin is the owner or licensee of all right, title and interest to all materials contained in a Corwin Advance course and to all other content included on this Site. You, as licensee, through your use of such content on the Site, do not acquire any ownership rights to the Site or to any content therein.
4. Access. Paid subscription users will have access to the Site for a period of 365 days from the date of enrollment. You will obtain at your cost all telecommunications and other equipment and software (including an Internet browser) together with all relevant software licenses necessary to access the Site.
5. Use Restrictions. You may download one copy of any course materials from the Site for your personal, non-commercial use provided that all copyright and other proprietary notices remain intact and are prominently displayed. Notwithstanding the foregoing, neither the Site nor any content from the Site may be copied, republished, uploaded or otherwise distributed. You may not sublicense, transfer, resell, distribute, use the Site on a timeshare or service bureau basis, operate, or otherwise make available the Site or its content to any third party for commercial purposes or financial gain or use the Site or its content in any other media or in any other location. You will keep your log in credentials secure from unauthorized use; sign-in only under your own ID and Password (as such terms are defined in Section 6 below) and not disclose your log-in credentials to anyone; and you will be responsible for the use and protection of your ID and Password as set forth in Section 6 . Additionally, you are prohibited from reverse engineering, decompiling, or otherwise discovering, the equivalent of any third party’s platform or the Site. You will also comply with all applicable laws, including, without limitation, those relating to export control laws and regulations.
THE SITE, THE COURSE MATERIALS AND OTHER CONTENT (INCLUDING DESIGNS) ON THE SITE URL(S) ARE PROTECTED BY © COPYRIGHT AND MUST NOT BE USED, DISPLAYED, MODIFIED, ADAPTED, DISTRIBUTED, TRANSMITTED, TRANSFERRED, PUBLISHED OR OTHERWISE REPRODUCED IN WHOLE OR IN PART IN ANY FORM BY ANY MEANS OTHER THAN STRICTLY IN ACCORDANCE WITH THIS AGREEMENT. Without prejudice to any other right or remedy, Corwin reserves the right to withdraw access to the Site immediately if it becomes aware of any infringement of the copyright in the Site or its course materials or other content by you and may terminate this Agreement in accordance with Section 15 below.
6. Passwords; Security. In order to access certain Services offered through the Site, you may be required to pay fees and/or accept additional terms and conditions and in such event you may be provided with a number, code, or other sequence or other access information that provides you with access to certain restricted Services (the "ID") and to your account (the "Password" ). You are the sole and exclusive owner of the Password and ID combination. In no event will you disclose to anyone such Password or ID and you agree to treat all such information as strictly confidential at all times. Maintaining the confidentiality and security of your Password and ID is solely your responsibility. You are fully responsible for the use and protection of the Password and ID and for all transactions undertaken by means of any account opened, held, accessed or used via your Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including, without limitation any loss, theft or unauthorized use of your Password(s), IDs and/or account number(s). If we have reasonable grounds to suspect that the security of your Password or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the Services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID. You shall notify Corwin by email at firstname.lastname@example.org of any known or suspected unauthorized use of the Services, of any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized use of your Password or ID.
7. Third Party Websites. The Site may contain URL’s to third party websites which are provided for your reference and/or in connection with certain tools and resources offered on the Site. Corwin makes no guarantee that such third party websites will be available for your use and encourages you to review the terms and conditions and the privacy policies of such third party websites. Corwin takes no responsibility and assumes no liability for your access or use of any third party website, nor does Corwin approve, sponsor, endorse, verify or certify information or any other content available on any third party website.
8. DISCLAIMER. THE SITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES ARE AT YOUR SOLE RISK. FURTHER, CORWIN MAKES NO WARRANTY OF ANY KIND CONCERNING THE ACCURACY, SUITABILITY, ACCESSIBILITY, AVAILABILITY, OR USE OF THE CONTENT CONTAINED ON THE SITE (INCLUDING, WITHOUT LIMITATION, THE COURSE MATERIALS) AND MAY MODIFY THE SITE AND ITS CONTENT AT ANY TIME, WITHOUT PRIOR NOTICE OR LIABILITY TO YOU. CORWIN AND ITS THIRD PARTY SUPPLIERS AND PARTNERS AND EACH OF THEIR AFFILIATES, SUPPLIERS AND RESELLERS, (A) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT, AND (B) MAKE NO WARRANTY OF ANY KIND CONCERNING THE SITE AND/OR SERVICES INCLUDING WITHOUT LIMITATION, THOSE CONCERNING ACCURACY, ACCESSIBILTY, AVAILABILITY, SECURITY OR USE. THE EXCLUSIONS SET OUT HEREIN ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, CORWIN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF PROFITS, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SITE AND/OR THE SERVICES (EVEN IF CORWIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN ADDITION, CORWIN SHALL NOT BE LIABLE FOR ANY DAMAGES OR LIABILITY THAT RESULT OR ARISE FROM THE RESULTS OF YOUR USE OR YOUR INABILITY TO USE THE SITE AND/OR ANY OTHER PART OF THE SERVICES (INCLUDING ANY PROVIDED BY THIRD PARTY SUPPLIERS OR PARTNERS). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT THE FOREGOING LIMITATIONS OF LIABILITY ARE, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CORWIN FOR ANY REASON AND UPON ANY CLAIM (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER CLAIMS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES AND/OR THIS AGREEMENT SHALL BE LIMITED TO THE ACTUAL PRICE PAID FOR ACCESS. IN ADDITION, IF YOU ARE A COMPANY DOING BUSINESS IN CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor" AND YOU HEREBY WAIVE ANY AND ALL SIMILAR STATE STATUTES THAT MAY APPLY.
9. Indemnity. You agree to indemnify and hold Corwin harmless, and, at Corwin’s request, to defend Corwin from and against any claim, demand, proceeding, debt, damage, loss or liability (“claim”), including reasonable attorneys’ fees, to the extent that such claim is based upon, arises out of, or relates to: (i) your use of (or inability to use) this Site and/or the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your Password or ID and/or account, of any right of any person or entity; or (iv) any other activities of yours accomplished using this Site and/or the Services. You agree to cooperate as fully as reasonably required in the defense of any such claim. Corwin reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnity shall be in addition to and not limited by any other indemnity.
13. Dispute Resolution. Any controversy, claim or dispute arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Ventura County, California and administered by the American Arbitration Association in accordance with its then-existing Commercial Arbitration Rules. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Each party consents to, and waives any right to object to, jurisdiction with respect to the resolution of disputes hereunder in Ventura County, California. In any arbitration proceedings between the parties, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs and expenses incurred in such proceeding, including, without limitation, reasonable attorneys’ fees and costs.
14. Choice of Law. This Agreement will be interpreted in accordance with the laws of the State of California, U.S.A. without reference to conflicts of laws and without regard to its location of execution or performance.
15. Term. This Agreement is effective throughout the access period defined in Section 4 above unless earlier terminated as permitted herein. Corwin may terminate this Agreement for any reason at any time without any advance notice to you. Notwithstanding any such early termination, Sections 5 through 17 of this Agreement shall survive any expiration, cancellation or termination of this Agreement.
16. Order of Precedence. This Agreement governs your use of the Site and access to the Services. In the event this Agreement conflicts with any provision of your subscription agreement or any other agreement between you and Corwin, the relevant terms of the applicable subscription agreement or other agreement shall take precedence over the conflicting term(s) of this Agreement.
17. General. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the Site and/or Services under this Agreement if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Services. Subject to the terms of Section 16 (Order of Precedence), this Agreement constitutes the entire agreement between you and Corwin with respect to the specific subject matter addressed herein, and governs your use of the Site and/or Services. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of Corwin. You may not assert any claim arising out of or relating to your use of the Site and/or the Services more than one year after the date such claim arose. Corwin shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Site and/or the Services resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of Corwin. If any provision of this Agreement is found to be invalid, the parties nevertheless agree that the other provisions of this Agreement will remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
BY USING OR ACCESSING THIS SITE AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND THESE TERMS OF SERVICE.
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