(Last updated: April 2021)
- BEC CONTENT
Benchmark Education operates the Sites, including web and mobile applications, that enable students, instructors, and administrators of educational institutions to access and use certain online products (collectively, the “Products” including any subsequent versions of such Products) and services offered by BEC (collectively and including any subsequent versions of such platforms/systems and applications, the "Services") through our Sites. The material on our Sites include information available to all users of our Sites. However, in order to access and use the Services and Products (collectively, the BEC Content”), you will be required to register on our Sites or through your educational institution.
- PERSONAL INFORMATION
In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age without the consent of their educational institution or the child's parent or guardian. If an educational institution with students that are under thirteen (13) years of age uses the BEC Content, the educational institution may also provide us with personally identifiable information about its students. We use student information to provide the BEC Content to the educational institution and its students.
- INTELLECTUAL PROPERTY RIGHTS
BEC Content and the content contained in the Sites, as well as any content or information related to it (the “Related Content”), are the sole property of Benchmark Education and/or its licensors and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the BEC Content, the Related Content, and in the software, text, graphics, design elements, audio, music, and all other materials contained in the BEC Content are reserved by Benchmark Education and its licensors. You may not use the BEC Content or Related Content in any manner that infringes the rights of any person or entity. Use of any BEC trademark or copyrighted work requires BEC’s written permission.
- LIMITATIONS ON USE
Only you (or, in the case of a minor, your parents or guardians) are to access the Sites and BEC Content using your username or password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may not share or distribute to a third party any screen name or password for accessing the BEC Content. You may access and use materials from the BEC Content only for your own research or study. If we have reason to believe you have shared your password information or access to your account or have used the BEC Content in violation of the provisions herein, we may suspend or terminate your account and refuse any and all current or future use of the BEC Content. You agree that you will not otherwise copy, transmit, rent, forward, lend, sell, or modify any materials from the BEC Content and/or the BEC Content or modify or remove any proprietary notices contained therein, or create or enable the creation of derivative works based thereon. You may not use any robot, spider, other automatic device or program or manual process to access, monitor, copy or reproduce the BEC Content. You may not engage in systematic retrieval of content from the BEC Content to create or compile, directly or indirectly, a collection, compilation, database or directory. You may not disseminate any portion of the Sites or BEC Content through electronic means, including mail lists, social media, or elsewhere without BEC’s express written permission. You may not reverse engineer the BEC Content, nor circumvent, disable, or otherwise interfere with any technical and/or other limitations, including without limitation security-related features. You acquire no right, title or interest in any BEC content except for the limited access license granted to you, and BEC reserves all rights in the BEC Content.
In using the Sites or BEC Content, you agree you will not: (a) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, is inappropriate for children, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (b) post advertisements or solicitations of business; (c) impersonate another person; (d) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BEC all of the license rights granted herein; BEC does not and cannot review all User Content and is not in any manner responsible for such content. BEC reserves the right, but has no obligation, to refuse to post, block or remove communications or materials for any reason in its sole discretion. BEC may terminate your access to our Sites and/or the BEC Content to prevent further posting or distribution of any communications or materials, and BEC may, but is not obligated to, report any of your communications or materials to your educational institution.
- COMMUNICATIONS TO BEC
If you e-mail us or otherwise provide content to us, or post content to the Sites or the BEC Content including but not limited to feedback, questions, comments, suggestions, and the like (collectively, "User Content"), we may use any non-personally identifiable ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information. You own the rights to anything you post to the Sites or the BEC Content, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all non-personally identifiable submissions you provide to us, in any media now known or hereafter devised.
- NO WARRANTIES
WE AND OUR LICENSORS AND SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF OUR SITES ORBEC CONTENT. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF OUR SITES OR THE BEC CONTENT FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITES AND THE BEC CONTENT AT YOUR OWN RISK. OUR SITES, AND BEC CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. BEC IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. BEC RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO OUR SITES ANDBEC CONTENT AT ANY TIME WITHOUT NOTICE.
- EXTERNAL WEBSITES
Our Sites may contain links to third-party applications or websites ("External Websites"). These links are provided only as a convenience to you and not as an endorsement by us of the content on such External Websites. When you access an External Website, BEC has no control over its content, applications, or services. We do not make any representations regarding the accuracy, quality, or accessibility of any External Website or its content or materials. BEC disclaims all liability for any errors, omissions, violation of third-party rights or illegal conduct arising from such External Websites.
You agree to defend, indemnify, and hold harmless BEC and our officers, directors, employees, successors, licensors, service providers, and assignees from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of this Agreement or your access to, use, or misuse of the BEC Content, our Sites, or the BEC Content. We will provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- INFRINGEMENT NOTIFICATION
We respect the intellectual property rights of others and require that the people who use our Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to: firstname.lastname@example.org. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- COMPLIANCE WITH APPLICABLE LAWS
We do not represent that materials on our Sites are appropriate or available for use in other locations. Persons who choose to access our Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
- TERMINATION OF THE AGREEMENT
- ADDITIONAL TERMS FOR BENCHMARK UNIVERSE
These usage terms for Benchmark Universe are designed to ensure that your students get the most out of the resources inside Benchmark Universe while preserving the rigor and integrity of the materials for your students and others.
An approved LMS platform means that the platform meets Benchmark’s security-related requirements to permit the posting of Benchmark materials in it. Benchmark has no affiliation with any of these platforms and does not endorse any particular LMS. Benchmark offers no assurance that our suite of products will function properly when accessed via any approved LMS platform. If you experience any issues using an approved LMS platform then you should contact the organization that manages that particular LMS.