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Site Terms of Use for SpringBoard® Online (Educators)

Acceptance of Terms

Welcome to SpringBoard® Online. SpringBoard Online is brought to you by the College Board (the "College Board," "we," or "us"), as the result of an agreement between the College Board, collegeboard.org, and your school district or school. The SpringBoard program is a comprehensive program that helps prepare 6th through 12th grade students to succeed at college-level work and is offered exclusively to those teachers and students whose schools have a subscription to use the program. As part of the SpringBoard program you may access or obtain unique services, products, information, and ("Services") provided at www.springboard.collegeboard.org (the "Site"), which is maintained by collegeboard.org. You may also wish to participate in the community features ("Community") located at www.collegeboard.org. Your use of the Services, Site and Community is subject to these Site Terms and Conditions, collegeboard.org Terms and Conditions and the Terms and Conditions of the SpringBoard Subscription Agreement (collectively "Terms of Use"). By checking the box, you agree that you have read and understand the Terms of Use and that your use of the Site shall conform to them. If you do not agree to the Terms of Use, do not check the box and you will not be able to proceed. If you register with us for certain Services, the Terms of Use includes and incorporates additional terms specific to those Services. The additional terms will be presented to you for your acceptance at the time of your registration for those Services. We reserve the right to change or amend the Terms of Use without notice. See the Section titled "Changes to Terms of Use and Services" below for details.

User Account, Password, Security, and Confidentiality

In the Terms of Use, "you" refers to the person who registers to become a user of the SpringBoard Online. You agree that all information you provide during registration or otherwise is true, accurate, and complete, and you agree to keep such information up to date. We are not responsible for any problems or liability that may arise out of your failure to give us accurate, truthful or complete information or if you fail to update the information you provide to us. We reserve the right to refuse service or membership to any person or entity for any or no reason whatsoever.

To obtain the Services and/or participate in Community, you will be required to designate a username and password and are subject to the collegeboard.org Site Terms and Conditions. Your username and password are personal to you, and you may not allow others to use your username or password under any circumstances. You are entirely responsible for maintaining the confidentiality of your username and password. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized activity or use of your username or password or any other need to deactivate your username or password due to security concerns. We will not be liable for any loss or damage arising from your failure to do so.

Privacy Policy

The College Board recognizes the importance of protecting your privacy. Any personal or other information you share with us is securely managed and safeguarded. For specific information regarding what information is collected and how it is used, please review the collegeboard.org Privacy Policy, which is incorporated herein by this reference.

User Conduct

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. Your use of the Site is also subject to your school's policies, including without limitation its policy concerning privacy of student records under the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, and its implementing regulations. You are solely responsible and liable for your activity, behavior, conduct and use of the Site and any other activity or conduct in connection with the Services by anyone who uses your username or password.

You agree not to allow any person to use your account, (other than an agent acting on your behalf and subject to your supervision), to access any features of the Site that may require registration. We retain the right to deny access to anyone who we believe has violated these terms or any other term of the Terms of Use.

You shall not use the Site, allow others to use the Site, or knowingly condone use of the Site by others, in any manner that attempts to, or is likely to:

  • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";
  • be libelous, defamatory, indecent, vulgar or obscene, or offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or may appear to impersonate anyone else;
  • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
  • be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages;
  • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information or in any way modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise;
  • violate any laws, regulations, judicial or governmental order, or any treaties or violate or infringe upon any intellectual property rights, including, but not limited to copyrights, trademarks, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; or
  • gain unauthorized access to the Site, other users' accounts, names, passwords, user information or other computers, web sites or pages connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the Terms of Use.

Message Center and Postings

Portions of the Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, images, creative works or other information, messages, transmissions or material to us, the Site or others ("Postings"). On certain pages of the Site, e-mail messages sent by or to you may be accessible to other SpringBoard teacher participants. You acknowledge that you are responsible for any such Postings, and that by submitting Postings you are representing that you are the owner of the material contained in the Postings, or your Postings are made with the express consent of the owner of the material. Submitting material that is the property of another, without the consent of its owner, not only is a violation of this Agreement, but also may subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. You agree that we are not liable for any damage resulting from any infringement of proprietary rights or any other harm caused by your Postings. By submitting Postings, you grant the College Board the unrestricted and perpetual right to reproduce, modify, publish, and distribute such Postings as we see fit in any medium and for any purpose without further permission, notice, or compensation. You warrant that all moral rights in any Postings that you submit to us have been waived.

We do not exercise editorial control over Postings. Postings may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors. We do not endorse, are not responsible for, and make no representations or warranties regarding, Postings, their accuracy, or supplier ability or fitness for any particular purpose, and we shall not be liable for any harm resulting from, or in connection with, reliance on any such Postings. In addition, we shall not be a party to, or liable in any way for any harm associated with, any transaction between our users and any other user or participant on this Site. Any products or services offered or sold on or through the Site by any person other than the College Board are offered or sold subject to terms and conditions solely between our users and such other person or supplier.

We reserve the right (but assume no obligation) at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) monitor e-mail messages and Postings; (b) refuse to allow you to make Postings on the Site; (c) remove and delete Postings for any or no reason whatsoever; (d) revoke your right to use the Site; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration. We assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Please note that advertisements, chain letters, pyramid schemes, and solicitations are inappropriate and will be subject to removal, in addition to the other remedies provided herein.

No Soliciting

You agree not to use the Site to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

Materials License

The College Board hereby grants to you a limited, non-exclusive, non-transferable, non-assignable, revocable license to use all content available on SpringBoard Online in print, or otherwise provided to you (the "Materials") for the sole purpose of use within the classroom of a teacher participating in the SpringBoard Program at a School or for non-commercial, non-distributable use in accordance with these Site Terms and Conditions. Under this license grant, you are permitted to make derivative works of the Materials only for the uses prescribed in this section (License Grant).

Except as expressly provided herein, you are prohibited from copying, disseminating, publishing, displaying or distributing in any form, or reproducing the Materials in whole or in part, without the prior written consent of the College Board. If you download Materials from this Site, you must keep all copyright and other notices on the materials. You do not gain any ownership interest in the Materials or in the derivative works thereof due to your use of the Materials or such derivative works in connection with the SpringBoard courses or your participation in enhancements or modifications thereof, or on any other basis.

The College Board retains all rights not expressly granted under these terms. In no way shall this License Grant be construed to grant you any rights other than those expressly granted herein. You acknowledge and agree that the College Board owns all right, title and interest in and to SpringBoard Online, Materials, and professional development materials for the Schools, administrators, and teachers as part of the workshops and certain products related to the SpringBoard Program, which include student editions, including without limitation all copyrights, trademarks, trade secrets, patents, and other similar proprietary rights, and all renewals and extensions thereof.

You acknowledge that the College Board: (a) obtains permission to use certain content from persons, other than you, whose text, information, data, images (still and moving), sound recordings, and/or software ("Third Party Content") is included in the Materials; and (b) may, at the sole discretion of the College Board, eliminate such content from the Materials at any time. Third Party Content is owned by the respective authors of such content, and you shall not obtain any rights in such content except as provided in this License Grant.

You shall be responsible for the Schools' compliance with the terms of this License Grant.

Proprietary Rights of the College Board

All Site information, data, databases, images, software, design, text, images, photographs, illustrations, sound recordings, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection, arrangements and compilation thereof, and trademarks, service marks and trade names (the "Material") are the property of the College Board, collegeboard.org, and/or their subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to all applicable U.S. and foreign intellectual property laws, including without limitation, copyright and trademark laws.

We hereby grant you a limited, non-exclusive, non-transferable, non-assignable, revocable license to use all content available on SpringBoard Online Site ("Materials") for the sole purpose of use within the classroom of a teacher, at a School participating in the SpringBoard program and in accordance with the Terms of Use. If you download Materials from the Site, you must keep all copyright and other notices on the materials.

Except as expressly provided herein, you are prohibited from copying, disseminating, publishing, displaying or distributing in any form, or reproducing the Materials in whole or in part, without the prior written consent of the College Board. You do not gain any ownership interest in the Materials or in the derivative works thereof due to your use of the Materials or such derivative works in connection with the SpringBoard program or this Site. You agree not to perform, distribute, download, upload, modify, reuse, reproduce, repost, retransmit, disseminate, sell, exploit for any commercial purpose, publish, broadcast, circulate or otherwise use the Materials in any way whatsoever except as expressly stated either in such Materials or in the Terms of Use without express written permission of the College Board or permission of the copyright owner. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Site or any Materials. Any unauthorized or prohibited use of the Site or Materials may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Trademarks Owned or Licensed by the College Board

College Board, SpringBoard, and the acorn logo are registered trademarks of the College Board, and all other symbols and graphic elements in and on the Site are proprietary materials of the College Board. No use of any College Board trademarks or proprietary materials is permitted without the express written consent of the College Board.

Special Conditions for International Use and Exports

The College Board makes no representations that the Services or the Site are appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. You access the Site and the Services on your own initiative and are responsible for compliance with applicable local laws or regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of the Terms of Use. Residents of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria are not permitted to access and use the Services or the Site, and any such access and use is a violation of the Site's Terms of Use.

Linked Web Sites

This Site may provide links that lead to websites maintained by third parties over which we have no control. These other websites are subject to their own terms and conditions of use and privacy policies. The inclusion of such a link does not imply endorsement of these websites by the College Board, our affiliates or sponsors, nor does the College Board warrant that these other websites do not contain viruses or otherwise affect your computer.

Downloaded Content

It is your responsibility to take precautions to ensure that information, data, and software you download or otherwise select for your use is free of viruses and other destructive items.

Consent to Electronic Communications

When you register for Services, you may agree to allow us to send you information and other materials regarding products and services, as described in our Privacy Policy.

Expiration of Terms of Use

The Terms of Use remain in effect until terminated by you or the College Board. You may terminate your account by sending notice via email to College Board at the following address: springboard@collegeboard.org. Once we disable your account and password your account will be considered terminated. If you are unsatisfied with the Services provided through SpringBoard Online, your sole remedy is to cease using the Site and terminate your account. The College Board may also terminate this agreement, your account and your use of the Site, in whole or with respect to a Service, with or without cause, at any time by disabling your password and username. We may notify you of the termination via e-mail (or other written notice) to the address that you provided during the registration process. After termination of this agreement, your account and/or a Service, you are not authorized to access or use the Site or terminated Service, and you shall cease all such access and use. If you nonetheless access the Site or use the Services in spite of any partial or full termination, your use of, or access to, the Services will be subject to the Terms of Use then in effect at that time.

Changes to Terms of Use and Services

We may make changes to the Terms of Use at any time. Your continued use of the Site and Services indicates your continued agreement to be bound by the Terms of Use as changed from time to time. You should review the Terms of Use often to stay informed of changes that may affect you. If you have registered with us and provided us with an e-mail address, we may provide you with notice informing you that the Terms of Use have changed, but such notice shall be for convenience only and shall not be required for the effectiveness of the changes. You agree to check the Site, Services, your mail and/or e-mail on a regular basis to receive important and timely notices from us. The College Board may also make changes to the Services and Site, including discontinuing any Service or provision of any content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. The College Board reserves the right to change or add any fees or charges for access to or use of SpringBoard Site or any of the Services at any time during the term of this agreement.

No Warranties/Limitation of Liability

THE SPRINGBOARD PROGRAM AND ITS ASSOCIATED SITE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER THE COLLEGE BOARD NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SPRINGBOARD PROGRAM MAKES ANY GUARANTIES OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND SITE OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE SERVICES OR SITE WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS, NOR SHALL THEY BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OR INABILITY TO USE THE SPRINGBOARD PROGRAM, THE SITE OR THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SITE OR SERVICES.

IN NO EVENT WILL THE COLLEGE BOARD OR ANY OF ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You therefore agree that all access to and use of the Services and the Site are solely at your own risk. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of the College Board, and its respective affiliates, officers, directors, employees, agents, contractors, and suppliers shall be limited in accordance with the Terms of Use to the fullest extent permitted by law. You specifically waive any and all claims arising out of use of the Services and/or the Site. Any Service for which a separate fee is charged carries with it only the representations and warranties specifically stated that are attributable to that service.

The College Board, and its respective affiliates, officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost, or damage due to causes beyond their control. You understand that the College Board does not accept any responsibility for security of information transmitted over the Internet.

Without limiting any of the foregoing, if the College Board, or any of its affiliates, officers, directors, employees, agents, contractors or suppliers is found liable to you for any claims or matters arising under or in connection with the Terms of Use, the College Board's and such parties' aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed the amounts paid by you to the College Board for the specific Service or product giving rise to such liability.

Indemnification

You agree to indemnify, defend and hold the College Board and its affiliates, officers, directors, employees, agents, contractors and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of the Terms of Use by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to cooperate fully with us in the defense of any such claim, action, settlement or compromise negotiations, as requested.

Miscellaneous

The Site is operated by or on behalf of the College Board in the United States and is intended solely and exclusively for residents of the United States, its territories and possessions. The Terms of Use, together with our and any other rules, regulations, procedures and policies to which we refer and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the College Board and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. Except for the College Board affiliates, this agreement does not confer any rights, remedies, or benefits upon any person other than you and the College Board. The Terms of Use may be amended only by a written or electronic form duly accepted and agreed to by the College Board and you, or in the manner described in the Section "Changes to Terms of Use and Service" above. You may not assign the Terms of Use without the prior written consent of the College Board. This Terms of Use shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of the Terms of Use be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of the Terms of Use; however, no action arising out of the Terms of Use or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The Terms of Use and your use of the Site and Services are governed by, construed and enforced in accordance with the internal substantive laws of the State of New York applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. To the extent it may be applicable, you agree with us to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF USE, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Contacting the Web Site

If you have any questions about the practices of, or your dealings with the SpringBoard program, its Services or this Site, you may contact:

  • SpringBoard School Success Team
  • 250 Vesey Street
  • New York, NY 10281

Last updated March 2011

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