MicrosoftTerms of Use
CENTER FOR CIVIC EDUCATION TERMS AND CONDITIONS OF USE
Last Updated: March 6, 2020
The policies below are applicable to the service and resources, the affiliated network of websites, (including any versions optimized for viewing on a wireless or tablet device); all CCE online courses; all CCE apps; and all other interactive features, services, and communications provided in conjunction with the CCE service (“Service”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Center for Civic Education (collectively “CCE” or “we”, “us”, or “our”).
This is a legal agreement between you ("you" or "user") and CCE that states the material terms and conditions that govern your use of the Service. This agreement, together with all updates, supplements, additional terms, and all of CCE’s rules and policies collectively constitute this "Agreement" between you and CCE. BY ACCESSING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY STOP USING THE SERVICE.
Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Service. In consideration of your use of the Service, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Service's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CCE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CCE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Service using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware and reasonably cooperate with us to remedy any such breach. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).
Site Access License. CCE grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Service and its content and not to modify all or any portion of the Service and its Content. This license does not include any resale of the Service or its contents; any derivative use of the Service or their contents; any downloading or copying of account information for the benefit of another company or user; or any use of data mining, robots, or similar data gathering and extraction tools. If, for any reason, this Agreement is terminated or cancelled, the permission granted above will be considered revoked, and your access to the Service and any applicable online course will be terminated. The Service and/or any portion thereof may not be reproduced, sold, resold, or otherwise exploited for any commercial purpose without CCE’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of CCE, its content providers or its affiliates without express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
Copyright and Ownership. All of the content featured or displayed on the Service, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations that is not uploaded by You, including without limitation any online courses ("Content"), is owned by CCE, its licensors, vendors, agents and/or its Content providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available. Except as may be otherwise indicated in specific documents within the Service or as permitted by copyright law, you may view, play, print and download copyrighted documents, audio and video found on our Service for internal purposes only. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Service. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service. The Service, its Content and all related rights shall remain the exclusive property of CCE or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Service.
Trademarks/No Endorsement. All trademarks, service marks and trade names of CCE used herein (including but not limited to: CCE name, CCE corporate logo, the Service name, the Service design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of CCE or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify CCE trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without CCE's prior written consent. The use of CCE trademarks on any other web site or network computer environment is not allowed. CCE prohibits the use of CCE trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance. You shall not use CCE’s name or any language, pictures or symbols which could, in CCE’s judgment, imply CCE’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Accuracy of Content. Content available on the Service does not represent the views of CCE or any individual associated with CCE. In no event shall you represent or suggest, directly or indirectly, CCE’s endorsement of the Content. We attempt to ensure that information on the Service is complete, accurate and current. Despite our efforts, the information on the Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Service. CCE does not take any responsibility or assume any liability for any actions you may take as a result of reading the Content on our Service. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our Service, you assume all associated risks.
Uploading Content to the Service. Our Services allow You to upload content to the Service (“Your Content”). Your Content remains your intellectual property. By uploading Your Content to the Service, You grant CCE and its service providers the right, to use, modify, adapt, reproduce, distribute, display and disclose Your Content uploaded to the Service solely to the extent necessary to provide the Service or as otherwise permitted by these Terms. You represent and warrant that: (a) you have all the rights in Your Content uploaded to the Service; and, (b) the storage, use or transmission of You Content doesn't violate any law or these Terms. CCE disclaims any and all responsibility for any loss of data, Your Content, or other materials uploaded to the Service. CCE is not responsible for the back up of any of Your Content or data. You acknowledges that data conversion, processing and manipulation can be subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media that may give rise to loss or damage. You are solely responsible for independent backup of Your Content or data generated or stored through the use of the Service. In the event of termination or expiration of this Agreement or disconnection of the Service, CCE may delete or store, in its discretion, any files, programs, data or messages associated with Your account.
Changing the Service. CCE may discontinue or alter any aspect of this Service, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain users, (iii) restricting the amount of use permitted to any specific user, and (iv) restricting or terminating any user’s right to use this Service, at CCE’s sole discretion and without prior notice or liability.
Availability of the Service. CCE will use commercially reasonable efforts to make the Service available to Client twenty four hours a day, seven days per week, three hundred sixty five days per year, except for certain scheduled service and maintenance or in the event of emergency or events of force majeure. Notwithstanding the foregoing, CCE is not responsible for any downtime or failure to meet such Service availability goals. CCE will make good faith efforts to perform service and maintenance to the Service outside peak usage hours. Client acknowledges that availability of the Service may be affected by: (i) telecommunication network activity or capacity; (ii) hardware failures; and/or (iii) compatibility with third party communication equipment, Internet access software and/or browsers not in accordance with the Service requirements. CCE disclaims any and all responsibility for any service interruption in connection with such activity, capacity, failure and/or compatibility. You are responsible for providing all equipment and telecommunication services necessary to access the Service. You are further responsible for saving and backing up all data to your own storage media.
Linking to the Service. Creating or maintaining any link from another web site to any page on the Service without our prior written permission is prohibited. Running or displaying the Service or any information or material displayed on the Service in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Service must comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, the Service may contain links to web sites that are not owned, operated or controlled by CCE or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Service. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Service, you do so entirely at your own risk.
Confidential Information. You agree to treat any communication or information you receive from CCE that is directed to registered users as confidential (“Confidential Information”) and refrain from sharing it with any third parties, including other users and CCE competitors.
Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Service or through Voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from using part or all of the Service and/or immediately remove the related materials from the Service and permanently ban you from the Service at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Order Eligibility. You may only purchase products which appear on the Service. You may only purchase products for personal use by either yourself or your intended recipient of the products. CCE may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by CCE. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Sites.
Products, Content and Specifications. Details of the products and services available for purchase are set out on the Service. All prices are displayed inclusive of all taxes. All features, content, specifications, products and prices of products and services described or depicted on the Service are subject to change at any time without notice. Occasionally, the distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
Return and Exchange Policy. You may return or exchange a product or service purchased from this Service in the event that the product or service is defective or for any reason within 30 days. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
Accuracy of Information. We attempt to ensure that information on the Service is complete, accurate and current. Despite our efforts, the information on the Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Service. For example, products included on the Service may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Service. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Fees. For all charges for any products and services sold on the Service, CCE or its vendors or agents will bill your bank card or alternative payment method offered by CCE. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse CCE and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Service.
Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service.
Right to Take Down Content. Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of Your e-mail unless required in the course of normal maintenance of the Service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on CCE or the Service; (2) protect and defend the rights or property of CCE, the Service, or the users of the Service; or (3) act in an emergency to protect the personal safety of our users, the Service, or the public. If we make available features within the Service that permit You to post Content, You will remain solely responsible for the content of any messages or content provided by You and CCE will have no obligation to prescreen any such content. However, we will have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Service.
Representations and Warranties. You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Service is and will be in compliance with all applicable laws.
IF YOU ARE UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR LEGAL GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE TO THE TERMS OF USE AND YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF.
IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 18 YEARS OF AGE WHO WISHES TO USE THIS WEBSITE, YOU MUST AGREE TO THE TERMS OF USE AND ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD'S USE OF THE WEBSITE, INCLUDING ANY LEGAL LIABILITY THAT MAY RESULT.
DISCLAIMERS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER CCE, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICE MAY BE OUT OF DATE, AND NEITHER CCE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. CCE does not assume any responsibility, nor will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Service, or your downloading of any information or materials from this Service. IN NO EVENT WILL CCE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SERVICE OR ITS CONTENT, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, ANY WEBSITES LINKED TO THE SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT WILL CCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE AMOUNT YOU PAID FOR ACCESS TO THE SERVICE.
Indemnity. You agree to defend, indemnify and hold CCE and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Service or the Internet or your placement or transmission of any message or information on this Service by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Service with your username, password or other appropriate security code.
Release. In the event that you have a dispute with a third party as a result of using our Service, you release CCE (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute, including without limitation any intellectual property dispute or any dispute over the payment of the challenge.
Termination. You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. We may also block your access to our Service in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Force Majeure. Neither CCE nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by CCE’s Privacy Policy located at http://civiced.org/privacy-policy which is incorporated into and is a part of this Agreement.
General. Any claim relating to, and the use of, this Service and the materials contained herein is governed by the laws of the state of California. You consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Service, and operation of the Service may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by CCE in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. 1 (No Professional or Legal Advice), 13 (Access and Interference), 14 (Right to Take Down Content), 16 (Disclaimer of Warranties), 17 (Liability Limit), 18 (Indemnity), 19 (Release), and any other section which by its context ought to survive shall survive any termination or expiration of this Agreement.
Entire Agreement. These terms and conditions are the entire agreement between the user and CCE and supersede any prior understandings or agreements (written or oral).
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our publishing department by email at web@civiced.org.
Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2020, Center for Civic Education or its licensors. ALL RIGHTS RESERVED.