eLearningTeacher.com™ and TaskBuilderOnline™ Terms of Use
Welcome to eLearningTeacher.com™ or TaskBuilderOnline™. WORKFORCE 2000, INC. ("WF2000"), now doing business as LearningFront™, provides the eLearningTeacher.com™ and TaskBuilderOnline™ services to you subject to the following Terms of Use ("TOU").
By accessing, browsing, and using eLearningTeacher.com™ or TaskBuilderOnline™, you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use eLearningTeacher.com™ or TaskBuilderOnline™.
1. eLearningTeacher.com™ and TaskBuilderOnline™ Services.
The eLearningTeacher.com™ and TaskBuilderOnline™ services comprise three channels ("Services").
- eLearningTeacher.com Programs and LearningLayouts™ Channel
The eLearningTeacher.com Programs and LearningLayouts™ channel is an online professional development service that offers a program lineup from which users can select and complete eLearningTeacher.com Programs and LearningLayouts™ that are open to them. TaskBuilderOnline™ is a feature on the eLearningTeacher.com™ toolbar and enables users to plan, teach, check, and act on the results of standards-based instruction and assessment tasks to improve teaching and student achievement.
- TaskBuilderOnline™ Channel
The TaskBuilderOnline™ channel is an independent online teacher development service that enables users to plan, teach, check, and act on the results of standards-based instruction and assessment tasks to improve teaching and student achievement.
- Free Five-Day Trial Period Channel
The Free Five-Day Trial Period channel is an opportunity for potential users to experience the Services online without charge. During the free five-day period, except as expressly authorized by WF2000 or such third parties in this TOU or as may be posted on the Services, you may not copy, download, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to WF2000 in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server.
WF2000 may add additional features to the current Services, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TOU.
2. Privacy Statement.
Because like you, we are Internet users concerned about privacy, we also are concerned about your right to privacy while accessing eLearningTeacher.com™ and TaskBuilderOnline™ and using the Services. Please take the opportunity to review our Privacy Statement.
3. eLearningTeacher.com Programs and Resources.
To enroll in eLearningTeacher.com™ Programs or TaskBuilderOnline™, you will need to register with a Services channel and open an account and password. The information you provide WF2000 during the registration process will help us in offering content, customer service, and network management. For additional information on how we use your information, please see our Privacy Statement. Your obligations with respect to registration are described below.
4. Registration.
4.1 Registration.
Where requested within an eLearningTeacher.com™ or TaskBuilderOnline™ channel or for other informational services within the eLearningTeacher.com™ or TaskBuilderOnline™ websites, you must provide WF2000 with accurate, complete, and current registration information and must update this information promptly if it changes. If any information you provide is inaccurate, incomplete, or not current, WF2000 may suspend or terminate your account and access to the Services.
4.2 Account, Password, and Security.
By registering with an eLearningTeacher.com™, TaskBuilderOnline™, or Free Five-Day Trial Period channel, you will receive an account ID and a password. Each channel requires you to use your email address and then to select a password. You are solely responsible for maintaining the confidentiality of your account(s) and password(s). Furthermore, you are responsible for all activities, charges, and liabilities associated with your account(s). You must immediately notify WF2000 of any unauthorized use of your account(s), and you are responsible for any unauthorized charges made on or through your account(s) until WF2000 receives such notification. You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are a minor, WF2000 reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult’s request.
4.3. EU Residents.
If you reside in the European Union, upon registration you will be indicating your explicit consent that the personal information you have provided may be transferred and stored in countries outside the EU, including the United States. If you fail to provide your consent, you will not be permitted to access the Services for which registration is required.
5. User Content.
Any Content that WF2000 authors, uploads or otherwise makes available through eLearningTeacher.com Programs and LearningLayouts™ or TaskBuilderOnline™ (“WF2000 Content”) is the sole property of WF2000 and may not be accessed, viewed, copied, downloaded, stored, reproduced, and/or distributed in any medium without the written permission of WF2000.
Any Content that you upload or otherwise make available ("User Content") in eLearningTeacher.com™ or TaskBuilderOnline™ is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted WF2000, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content through eLearningTeacher.com™ and TaskBuilderOnline™. You also permit any other user of eLearningTeacher.com™ or TaskBuilderOnline™, subject to your restrictions, to access, view, store, and reproduce the User Content to the same extent permitted herein. To the extent that you develop or author Content in eLearningTeacher.com™ or TaskBuilderOnline™, you may only use that Content within your eLearningTeacher.com™ Programs or other eLearningTeacher.com™ Programs you create within eLearningTeacher.com™ or within TaskBuilderOnline™.
6. Copyright.
You acknowledge that eLearningTeacher.com™ and TaskBuilderOnline™, their Services, any underlying technology used in connection with eLearningTeacher.com™ or TaskBuilderOnline™ or the Services, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within eLearningTeacher.com™ or TaskBuilderOnline™ are provided by WF2000 or third-party providers and are the copyrighted works of WF2000 and/or such third parties. Except as expressly authorized by WF2000 or such third parties in this TOU or as may be posted on the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to WF2000 in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server.
We encourage you to download and print a reasonable number of copies of Content for noncommercial personal or educational use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to eLearningTeacher.com™ or TaskBuilderOnline™ and (ii) no modifications of any of the Content are made except as may be expressly provided by WF2000 or the third-party provider on the Web page containing the applicable Content. You acknowledge that WF2000 and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
7. Links.
Some links on eLearningTeacher.com™ and TaskBuilderOnline™ lead to sites posted by independent site owners. Because WF2000 has no control over these sites, WF2000 is not responsible for such sites, accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, WF2000 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any Content, goods, or services available on or through any other site. Furthermore, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between WF2000 and the linked sites. WF2000 is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where WF2000 would be responsible for the actions of their respective owners.
8. Conduct.
You may only access eLearningTeacher.com™ or TaskBuilderOnline™ and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services, including any Community. You agree that you will not: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication in any Community or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes”; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; or (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of eLearningTeacher.com™ or TaskBuilderOnline™ or the Services, use of eLearningTeacher.com™ or TaskBuilderOnline™ or the Services, or access to eLearningTeacher.com™ or TaskBuilderOnline™ or the Services.
9.Disclaimer of Warranty.
WF2000 IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY ELEARNINGTEACHER.COM PROGRAM OR TASKBUILDERONLINE OR COMMUNITY AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY ELEARNINGTEACHER.COM PROGRAM OR TASKBUILDERONLINE OR COMMUNITY FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THIRD PARTIES OR OTHER USERS OF THE ELEARNINGTEACHER.COM PROGRAMS OR TASKBUILDERONLINE OR COMMUNITY CHANNELS.
YOU AGREE THAT YOUR ACCESS TO ELEARNINGTEACHER.COM, INCLUDING ANY " ELEARNINGTEACHER.COM PROGRAM” AND TASKBUILDERONLINE AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER WF2000, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
WF2000 AND THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL WF2000 OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WF2000 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS ELEARNINGTEACHER.COM OR USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WF2000’S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES WF2000’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Indemnification.
You agree to indemnify and hold WF2000, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the TOU.
11. Trademark Notice.
WORKFORCE 2000, INC.® (design and word), TaskBuilder™ (design and word), TaskBuilderOnline™ (design and word), TaskBuilderPlus.com™ (design and word), eLearningTeacher.com™ (design and word), eLearningDeveloper™ (design and word), LearningLayouts™ (design and word), Powered by WORKFORCE 2000, INC.® (design and word), WFCoachingOnline™ (design and word), WF2000 logos, and the unique trade dress of eLearningTeacher.com™, TaskBuilderOnline™, and WFCoachingOnline™ are the trademarks, service marks, trade dress, and logos of WORKFORCE 2000, INC. All other trademarks, service marks, trade dress, and logos used in eLearningTeacher.com™, TaskBuilderOnline™, and WFCoachingOnline™ and the Services are the trademarks, service marks, trade dress, and logos of their respective owners.
12. Designated Agent.
The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, WF2000 has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the WF2000.com Services. All inquiries into alleged copyright infringement on the WF2000 Services should be sent to WF2000, c/o Chief Learning Officer, 309 Wickersham Way, Cockeysville, MD 21030.
13. Local Laws; Export Control.
WF2000 controls and operates eLearningTeacher.com™ and TaskBuilderOnline™ from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use eLearningTeacher.com™ or TaskBuilderOnline™ from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on eLearningTeacher.com™ and TaskBuilderOnline™ are solely directed to individuals, companies, or other entities located in the United States.
14. Modifications to the Service.
WF2000 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, eLearningTeacher.com™ or TaskBuilderOnline™ or the Services (or any part thereof) with or without notice. You agree that WF2000 will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
15. Termination.
You may discontinue your participation in and access to the Services at any time. The TOU will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that WF2000 and its affiliates may terminate or block your use of all or part of the Services, eLearningTeacher.com™, and TaskBuilderOnline™ without prior notice for any reason, including, without limitation, if WF2000 believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to eLearningTeacher.com™ and TaskBuilderOnline™ and use of the Services.
16. General.
By accessing eLearningTeacher.com™ or TaskBuilderOnline™, you agree to the above stated TOU. This Agreement is entered into in the State of Maryland and shall be construed in accordance with the laws of the State of Maryland, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Maryland, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. This TOU and any posted guidelines or rules applicable to certain services within eLearningTeacher.com™ or TaskBuilderOnline™ constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.
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