The Services include access to free and paid Academic Content Standards in numerous formats and Alignment Services available through the Site.
NON-COMMERCIAL USE RESTRICTIONS
Unless otherwise specified, the Site is for User's personal, non-commercial use for educational purposes only. A User may not use the Site or the content found on the Site to align education materials to curriculum standards for commercial use. For example, a teacher at an Institution, as defined below, may use the Site to align a lesson plan for use in the classroom or for sharing with colleagues. However, use of the Site to align lesson plans that are sold or intended to be sold to other teachers IS NOT PERMITTED. As defined herein, an "Institution" means a school, a school district, or any entity not engaged in a for-profit enterprise, and operating as a single administrative unit.
Following are permitted uses of the Site and Services:
- Only one Institution can access the Service with a specific username.
- No Institution may have more than one registered User assigned to a particular Service.
- A registered User may access the Site only from one computer at any given time.
Owner reserves the right, in its sole discretion, to terminate access to the Site and the Services at any time, without notice. Upon termination of access, a User's right to use the Site immediately ceases.
The Site uses email as the primary means of contacting registered Users of the Site about billing, updates, and changes in Services. A User agrees that the Site may send Service-specific emails to the primary email address that the User provides at registration.
The Site holds Users email addresses and related personal information in strict confidence. Users will not receive unsolicited commercial emails (spam) from the Site. Users will only receive email from the Site for notifications regarding a Service to which the User has subscribed.
USER ACCEPTS THE USE OF THE SITE AND ITS CONTENT "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY WHATSOEVER AS TO THE PERFORMANCE OR RESULTS USER MAY OBTAIN FROM USE OF THE SITE OR ITS CONTENT. THE OWNER MAKES NO WARRANTY THAT USE OF THE CONTENT OR ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. DOWNLOADING OR OTHERWISE OBTAINING CONTENT FROM THE SITE IS DONE AT USER'S DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE AND SERVICES, THE CONTENT RECEIVED AS PART THEREOF AND THE CONSEQUENCES OF ANY ACTION TAKEN BY USER BASED UPON THE SAME.
LIMITATIONS OF LIABILITY
NEITHER THE SITE, THE OWNER NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT SHALL BE LIABLE TO USER FOR ANY INDIRECT DAMAGES OR EXPENSES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF ANTICIPATED BENEFITS OR ANY OTHER PECUNIARY LOSS) ARISING OUT THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, EVEN AFTER HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE OWNER DISCLAIMS ANY LIABILITY TO USER FOR (i) CONTENT ON THE SITE RECEIVED FROM A THIRD PARTY FOR WHICH OWNER HAD NO REASON TO KNOW CONTAINED FALSE, MISLEADING, INACCURATE OR INFRINGING INFORMATION DESPITE REASONABLE EFFORTS TO AVOID THE SAME, OR (ii) USER'S ACT OR FAILURE TO ACT IN RELIANCE ON ANY CONTENT FURNISHED FROM THE SITE. IN NO EVENT WILL OWNER'S LIABILITY EXCEED THE AMOUNT PAID BY USER FOR THE USE OF THE SITE OR ANY SERVICE.
Owner reserves the right to change the terms and conditions under which the Site is offered, including but not limited to the charges, if any, associated with the use of the Services.
CHOICE OF LAW; CHOICE OF FORUM; WAIVER OF JURY TRIAL. This Agreement is governed by the laws of the State of Ohio and of the United States. Any dispute or lawsuit against the Site or the Owner, which concerns this Agreement or which arises in any manner out of the use or operation of the Site, shall be brought solely in a state or federal court in and for Clermont County, Ohio, unless the Owner consents in writing to a different court or forum. USER WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY SUCH DISPUTE OR LAWSUIT.
COPYRIGHT NOTICE. Copyright 2002-2012, Academic Benchmarks, a division of Peet Consulting, Inc, 1244 Meadowgate Place, Loveland, OH 45140 U.S.A. All rights reserved.
SERVICE MARKS. AcademicBenchmarks.com and Academic Benchmarks are service marks of Peet Consulting, Inc. Other product names mentioned herein may be the trademarks of their respective owners.