In the case of not agreeing to the Terms and Conditions, you may not use the Sites and the services provided. Grade Results, Inc. reserves the right to revise the Terms at any time, and it is the sole responsibility of the users to review the Terms and Conditions and be aware of any changes. It is to be noted that the revisions/changes in the Terms and Conditions are effective immediately on posting.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the GR Site, to understand our practices.
COPYRIGHT
All content included on the GR Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GR or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the GR Site is the exclusive property of GR and protected by U.S. and international copyright laws. All software used on the GR Site is the property of GR or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
"Grade Results", "GR", "Grade Results Learning Management System", "GR Learning Management System", "Grade Results LMS", "GR LMS", "Grade Results Student Information System", "GR Student Information System", "Grade Results SIS", "GR SIS", "Grade Results Assessment Management System", "GR Assessment Management System", "Grade Results AMS", "GR AMS", "Grade Results Forum", "GR Forum", "Grade Results Project", "GR Project", "Grade Results Playlist", "GR Playlist", "Grade Results Supplemental", "GR Supplemental", "Grade Results Adaptive Testing", "GR Adaptive Testing", "Grade Results Benchmark Testing", "GR Benchmark Testing", "Grade Results Lab", "GR Lab", "Grade Results Virtual Field Trips", "GR Virtual Field Trips", "Grade Results Workbook", "GR Workbook", "Grade Results Classroom", "GR Classroom", "Grade Results Digital Courseware", "GR Digital Courseware", and other GR graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of GR in the U.S. and/or other countries. GR’s trademarks and trade dress may not be used in connection with any product or service that is not GR’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GR. All other trademarks not owned by GR that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GR.
User Representations
For the use of the sites, you agree that:
- No false information will be provided, and no one else will be impersonated in the use of the Sites.
- Only the username and password dedicated to you will be used in the Sites.
- The confidentiality of the username and password will be maintained at all times.
- No one else will be assisted in gaining unauthorized access to the Sites.
- Only the authorized Sites will be accessed.
- You will inform/notify of any misuse of your username or password to the Sites.
Authorized Use of Content
- All the content in the Sites is owned by Grade Results, Inc., its third-party providers, and its licensors. They are all protected by the U.S. and international intellectual property laws.
- Any content in the Sites, or the Sites itself, shall not be used for any commercial purpose. Students, teachers, or school administrators, who have valid login credentials, may access, download, or print copies of content on the Sites to which the access has been granted. This sharing of content shall ONLY be for your own educational or instructional purposes, and should NOT be distributed to students who have not received access to the Sites.
- On any content that is shared/copied, you agree to maintain all copyright and other intellectual property notices included in it as such.
- Modifications of any type – decompiling, disassembling, decrypting, extracting, or reverse engineering – on any our content is strictly prohibited.
- All rights are reserved on the Sites by Grade Results, Inc., and no additional rights are provided on any grounds.
Code of Conduct
By using the Sites, you agree NOT to do any of the following:
- Upload or transmit any kind of communications, content, software, images, or data that violate any rights of any party.
- Use the Sites for any purpose that violates the local, state, federal, or international laws or regulations.
- Use the Sites to advertise or distribute any unsolicited material.
- Post material that is unlawful, obscene, defamatory, threatening, harassing, or embarrassing to any person or entity.
- Express or suggest that any of your content is supported/recommended by us.
- Engage in any activity that is considered abusive, violent, or cruel.
- Though we reserve the right, it need not be required, to monitor, edit, or remove your content from the Sites without notice for any reason or no reason without your permission.
Third-Party Content
- It is to be agreed that Grade Results, Inc. does not endorse or is not responsible for any third-party content or links. We are not liable for any content that may be false, misleading, abusive, obscene, or that violates any local, state, federal, or international law or regulation. The linking to any other websites is at your own risk.
Disclaimers and Limitations on Liability
- Information provided on the Sites is only on an “AS IS” basis, and Grade Results, Inc. does not warrant the accuracy of the information. We do not endorse or provide implied warranties of merchantability, fitness/scope for a particular purpose, title or non-infringement, regarding any content/materials on the Sites.
- We are not responsible to ensure that the materials downloaded from our Sites are free of viruses, worms, Trojan horses, or any other destructive codes.
- We are, in no event, shall be liable for any losses arising in connection with the use of our Sites. We are also not responsible for any damages – incidental, economic, consequential, or exemplary – caused with the use of our Sites.
- In no event shall our total liability to you for any and all damages and losses exceed the amount paid by you for the use of Sites.
Release and Indemnity
- Neither we nor any of our associates, employees, or staff will be liable for claims related to the use of Sites, and thereby release all of us from any such claims.
- Be acknowledged that certain security and privacy risks are indispensable in your use of the Sites and the Internet. This may, but not limited to, lead to security breaches of data or information.
- You agree to indemnify and hold us, our officers, directors, employees and agents harmless from any and all claims, liabilities, damages, and expenses (including attorneys’ fees) relating to your content and your use of the Sites in violation of these Terms.
- You agree to compensate for any and all damages or losses relating to your content and your use of the Sites in violation of these Terms, including attorney’s fees, etc.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- If any of your copyrighted work or trademark has been uploaded or posted to any of our Sites, please notify us at legal@graderesults.com or contact 800.928.5570. We will take the necessary action as soon as practical in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq.
- If any material on the Sites is found to be defamatory or abusive toward you, please be directed to the same contact mentioned above.
- All teacher materials – information, data, text, software, photographs, graphics, videos, messages, etc. posted publicly or transmitted privately are the sole responsibility of the person. This means that the teacher is entirely responsible for all content uploaded, and not Grade Results, Inc. We also do not control the teacher materials posted and guarantee the accuracy or quality of the materials. In any event, Grade Results, Inc. will not be liable in any way for any teacher materials.
Be aware that you do not post text, software, images, sounds, data that:
- Could be harmful to minors.
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a username, or otherwise violates Grade Result’s.
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- Constitutes unauthorized/unsolicited advertising, junk/bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, solicits passwords or personally identifiable information, or any form of lottery or gambling, sweepstakes, or advertising.
- Disrupts the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges.
- Interferes with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
- Provides material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
- "Stalk" or otherwise harass another.
- Contains software viruses, codes, files, or programs that may damage or limit the functioning of any software or hardware, or obtain unauthorized access to any data.
- Personifies any person or entity that may include any employee or representative of Grade Results. No information about the users or members of the Sites be collected or the information be used to send bulk emails or any other means of communications.
- You also agree that no personal information like name, address, phone number, or school’s name of students under the age of 18 be collected without parental consent.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
- Please review our other policies on the GR Site. These policies also govern your visit to the GR Site. We reserve the right to make changes to the GR Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- Governing Law – These Terms shall be ruled by and interpreted with the laws of the State of Texas, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. You agree that any legal action or proceeding concerning your use of the Sites shall be brought exclusively in a state or federal court located in Dallas, Texas, and you submit to the exclusive personal jurisdiction of such courts.
- Assignment – We may assign our rights and delegate our duties under these Terms to any party at any time without notice to you or any third party.
- No Implied Waiver – Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
- Severability – The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability of the remaining provisions.
The terms below are used in our website and are registered trademarks of their respective organizations:
- AP®, Advanced Placement®, ACCUPLACER® and SAT® are registered trademarks of The College Board.
- ACT® and COMPASS® are registered trademarks of ACT, Inc.
- GED® is a registered trademark of the American Council on Education.