Terms of Service
|
The asc.princetonreview.com service is
provided to schools pursuant to agreements with each school or district. Your
school provides you your account on asc.princetonreview.com under the terms
of your school's asc.princetonreview.com agreement. A copy of the standard asc.princetonreview.com
service agreement is reproduced below (the " asc.princetonreview.com
Service Agreement"). By accessing and using your asc.princetonreview.com
account, you agree to comply with all the terms and restrictions on
Designated Users described in the asc.princetonreview.com Service Agreement
(except to the extent your school's asc.princetonreview.com agreement may
differ from the asc.princetonreview.com Service Agreement, in which case you
agree to comply with such terms and restrictions in your school's asc.princetonreview.com
agreement). In addition to the
terms of the asc.princetonreview.com Service Agreement and your school's asc.princetonreview.com
service agreement, you agree:
ASC. PRINCETONREVIEW.COM SERVICE AGREEMENT
AGREEMENT between The Princeton Review, Inc. ("The
Princeton Review" or "We") and [asc.princetonreview.com User]
("You"). The Princeton Review shall provide an annual
subscription (the "Subscription") to the asc.princetonreview.com
service (the "Service") to each school listed on the attached
subscription form (each a "School"). We shall provide individual
accounts for the Service to each administrator, faculty member, student, and
parent of each student that the School designates (each a "Designated
User"). These Terms of Service apply equally to every Designated User of
the Service under the Subscription. You and each School are responsible for
making each Designated User aware of these Terms and for ensuring compliance
with them. The School is responsible for supervision and controlling all
activities conducted through the Subscription. The Princeton Review posts additional Terms of
Service for the Service on the website (the "Posted Terms of
Service"). The Princeton Review may change the Posted Terms of Service
at any time. The Princeton Review will post notification of changes on the
Service and e-mail them to the School and each Designated User. In the event of
any conflict between these Terms of Service and the Posted Terms of Service,
these Terms of Service shall control.
1. COPPA COMPLIANCE: The
Princeton Review is in complete compliance with the Children's Online Privacy
Protection Act of 1998 (COPPA). As such, we work with all of our clients to
ensure that COPPA rules are being followed in conjunction with the creation
of student accounts. A printable consent form is built into 2. TERMINATION: The agreement set
forth in these Terms of Service (this "Agreement") may be
terminated by you or us for "cause." For purposes of this
Agreement, "cause" shall be defined as a substantial breach of any
material provision of this Agreement that has not been cured within ten (10)
days of receipt by the breaching party of written notice of the breach from
the non-breaching party. Material breach expressly includes: (1) the
failure by The Princeton Review to make the Service available to a School and
its Designated Users for a period of ten (10) consecutive working days after
written notice from you of such failure, and (2) the filing or assertion
against, you, a School and/or a Designated User(s) of any claim for
infringement of copyright or other intellectual property rights arising out
of their use of or access to the Service, unless such use or access by you,
such School and/or its Designated User(s) violates the terms and conditions
of these Terms of Service or the Posted Terms of Service, except if we cure
or settle such claim within ten (10) days of receipt of written notice from
you of the filing or assertion of such claim. In each case above, termination
shall be effective immediately upon the eleventh (11th) day after written
notice is provided by the non-breaching party, unless prior to such day the
breaching party shall have cured such breach. In the event of termination by
you in accordance with this Agreement, The Princeton Review shall refund to
you the prorated portion of any fees previously paid by you for the balance
of the term of this Agreement.
3. CONFIDENTIALITY OF PERSONAL INFORMATION - PRIVACY POLICY: Each School agrees to maintain the confidentiality of all
personal information concerning Designated Users of our website that the
School obtains through the Service. This agreement includes, but is not
limited to, forbidding the disclosure, sale, rental or sharing of personal
information to or with any other party. The School agrees to comply with all
applicable laws concerning personal information. The Princeton Review has posted the Privacy
Policy for the Service on the website. The Princeton Review may change the
Privacy Policy at any time. The Princeton Review will post notification of
changes on the Service and e-mail them to the School and each Designated
User. The Princeton Review shall abide at all times
by the terms of the Privacy Policy as then posted on the Service. In addition
to the restrictions on use of personal information set forth in the first
paragraph of this Section 2 above, in regard to all personal information
concerning Designated Users of our website that the School obtains through
the Service, the School shall abide by the restrictions on asc.princetonreview.com
set forth in the Privacy Policy as though the Privacy Policy specifically
applied such restrictions to the School.
4. DISCLAIMER: The Princeton Review
shall make an effort to provide Designated Users with access to the Service
at all times, but we do not warrant that
The Service is a
Service for test preparation only, and The Princeton Review does not make any
representation regarding the correctness, accuracy or reliability of the
Service, or that actual test scores on standardized tests or other academic
measures will increase after use of the Service. Further, The Princeton Review explicitly
disclaims any responsibility for the accuracy, content or availability of
information found on a site that links to or from the Service (a "third-party
site"). The Princeton Review may offer links to, or incorporate into the
Service, third-party sites that offer various products and/or services. The
Princeton Review may refer to such third-party sites, or such third-party
sites may refer to the Service, as "associates". The Princeton
Review cannot ensure that users will be satisfied with any products or
services that are purchased from such a third-party site, since such sites
are owned and operated by independent retailers. The Princeton Review does
not endorse any of the merchandise, nor has it taken any steps to confirm the
accuracy or reliability of any of the information contained in any third
party sites. The Princeton Review does not make any representations or
warranties as to the security of any information (including credit card and
other personal information) users might be requested to give a third-party
site. The Princeton Review strongly encourages users to make whatever
investigation such users feel necessary or appropriate before proceeding with
any online or offline transaction with any of such third parties.
5. MATERIALS: The Service presents
information, data, content, software, test preparation programs and
questions, video, audio and other materials and services, communications,
transmissions and other items, tangible or intangible, which are referred to
as "Materials." All Materials are protected by copyright and owned
or controlled by an affiliated company, a third-party provider or us. You and
your Designated Users shall have no rights in or to the Materials and will
not use any Materials, except as permitted under this Agreement. Designated
Users may not do anything with the Materials except in accordance with
instructions on the Service. Designated Users may only use and access,
download and copy our Materials (and print out one copy) for their personal
use. If you or your Designated Users download
software from the Service, the software, including any files, images
incorporated in or generated by the software, and data accompanying the
software (collectively, the "Software") are licensed to you by us.
You shall comply, and you shall cause each of your Designated Users to
comply, with any license terms provided on downloading or installation, or
incorporated into, any Software you or your Designated Users download. We
retain full and complete title to the Software, and all intellectual property
rights therein. You and your Designated Users may not redistribute, sell,
decompile, reverse engineer, disassemble or otherwise reduce the Software to
a human-readable form.
6. LIMITED LIABILITY: The
Princeton Review will not be liable for any indirect, consequential, punitive
or special damages, of any character, for loss or injury resulting from use
of the Service, whether or not caused in whole or in part by our negligence
or by contingencies beyond our control. Our obligation to pay any damages
will in any event be limited to a return of any amounts paid by the School to
The Princeton Review during the term of the subscription.
7. GOVERNING LAW AND INTERPRETATION: This Service is controlled and operated by The Princeton Review, Inc. from our offices in the State of SIGNATURE
|
||||||||||||
|
|
||||||||||||
|
|