Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
Data Driven Software Corporation ("D2SC") maintains this web site and other D2SC web sites that
are linked to this site (collectively "the Site") and all the information, communications, software,
scripting, photos, text, video, graphics, music, sounds, images and other materials and services
found on the Site (collectively "Content"), for the use of its customers, employees and members
of the general public for lawful purposes and as described below.
ACCEPTANCE OF CONTRACT TERMS
In exchange for accessing, browsing and/or using the Site, you agree (1) to be bound by these
terms and to comply with all applicable laws and regulations, including without limitation U.S.
export and re-export control laws and regulations, (2) you represent you have the legal authority
to accept these Web Site Terms of Use on behalf of yourself or any party you represent, (3) that
if any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order or
regulation of any government or governmental entity or by the final determination of any state
or federal court, such invalidity shall not affect the enforceability of any other provision of
the Web Site Terms of Use.
If you do not agree to these terms, please do not use the Site. Exit this Site immediately.
JURISDICTION
The Site is controlled and operated in whole or in part by D2SC from its offices within the
United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES
AND THE STATE OF TEXAS, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL
MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE
EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN TEXAS, U.S.A. Those who access the Site
from other locations do so at their own risk and are responsible for compliance with applicable
local laws. D2SC makes no representation that the Content in the Site is appropriate or available
for use in other locations, and access to it from territories where the Content is illegal is prohibited.
You acknowledge that D2SC reserves the right in its sole discretion to refuse or terminate access
to the Site by you at any time.
RESTRICTIONS ON USE OF CONTENT
© Copyright 2000 Data Driven Software Corporation All Rights Reserved. You acknowledge, having
been advised by D2SC, that the Content is protected in the U.S. and internationally by a variety
of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and
other proprietary rights laws (collectively "Rights"). In addition to D2SC's Rights in individual
elements of the Content, D2SC or its licensors own a copyright in the selection, coordination
and arrangement of the Content. You are hereby granted permission to access the Content from the
Site in whole or in part, (and, except where otherwise specified or provided by D2SC, print a
single copy of the information) but only for purposes of viewing and browsing through the Site
or ordering products or services from the Site. This permission terminates automatically if you
breach any of the Web Site Terms of Use. D2SC is not granting you any permission to use the Content
other than the permission expressly stated in these Web Site Terms of Use. All other use of Content
from the Site, including, but not limited to modification, publication, transmission, participation
in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance,
display, incorporation into another web site, reproducing the Site (whether by linking, framing
or any other method), or in any other way exploiting any of the Content, in whole or in part, or
downloading and using software repeatedly for uses other than those expressly permitted may not
be made without D2SC's prior express written consent.
SUBMISSIONS OF INFORMATION
Although D2SC provides certain encryption in an effort to protect the electronic transmission
of user information ("information") that you submit to D2SC through the Site, D2SC does not
guarantee the security of any information transmitted to or from the Site. You agree to assume
the security risk for any information you provide while using the Site.
Other than the user information, do not send any confidential or proprietary information to D2SC
through the Site. Except for the user information or personally identifiable information relative
to you, any information you do send to D2SC through the Site will be deemed NOT to be confidential
("non-confidential information"). For any non-confidential information you do send, you hereby
grant D2SC an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform,
modify, transmit and distribute the non-confidential information, and agree that D2SC is free
to use any ideas, concepts, know-how or techniques that you send D2SC for any purpose. Your personally
identifiable information you submit to us shall be treated in accordance with our privacy policies
as set forth in our Privacy and Security Statement.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or
any other material that could give rise to any civil or criminal liability under the law.
ACCESS TO D2SC.COM
In accessing D2SC.com, the user is responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect to the Internet and access D2SC.com.
Unless otherwise provided for by a third-party, the user is responsible for all Internet access
charges, telephone charges or other fees or charges incurred in connecting to the Internet and
accessing D2SC.com
REVISIONS
D2SC may revise or withdraw the Content, in whole or in part, at any time without notice. D2SC
may at any time revise these Web Site Terms of Use by updating this posting. By using the Site,
you agree to be bound by any such revisions and you agree to periodically visit this page to determine
the then current Web Site Terms of Use to which you are bound.
LINKS TO THIRD PARTY WEB SITES
D2SC makes no representations whatsoever about any other web site which you may access through
the Site. When you access a non-D2SC web site, please understand that it is independent from
D2SC, and that D2SC has no control over the content on that web site. In addition, a link to
a non-D2SC web site does not mean that D2SC endorses or accepts any responsibility for the
content, or the use, of such web site. It is up to you to take precautions to ensure that whatever
you select for your use is free of such items as viruses, worms, trojan horses and other items
of a destructive nature. D2SC makes no representation or warranty as to any third party products.
For additional information see D2SC's Privacy and Security Statement.
DISCLAIMER OF WARRANTY
D2SC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR
RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE
OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO APPLICABLE LAW, D2SC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR
OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY.
LIMITATION OF LIABILITY
D2SC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR
THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TRADEMARKS AND SERVICE MARKS
D2SC, and marks shown with an TM or ® are owned by Data Driven Software Corporation, or their respective
owners, and registered with the U.S. Patent and Trademark Office. Other trademarks, such as product
and service names, found on D2SC web sites are owned by Data Driven Software Corporation or by third
parties. No D2SC trademark or service mark may be used as a hyperlink without prior written permission.
Data Driven Software Corporation trademarks include: Data Driven Software Corporation, D2SC.com, Full
Circle e-Learning, Encompass, Encompass-District Administration System, Foundation, Foundation-Curriculum
System, Mentor, Mentor-Teacher System, Achieve, Achieve-Student System, Engage, Engage-Parent System,
Visibility, Visibility-Performance Analysis and Reporting System, Teacher Dashboard, Student Dashboard,
Administrator Dashboard, and Curriculum Dashboard.
|
