By viewing, using, or otherwise interacting with the website located at https://lightspandigital.com or any materials available for download from such website (collectively, the “Lightspan Digital Website”), you agree to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Lightspan Digital Website or any Lightspan Digital materials.
We may revise these Terms of Use at any time without notice to you by posting a revised version on the Lightspan Digital Website. Such revised Terms of Use shall be effective as to all use of the Lightspan Digital Website (including with respect to existing users, members, and account holders) upon posting, and your sole remedy should you disagree with any such revision shall be to cease to use the Lightspan Digital Website. If you have any questions about these terms of use, please contact us.
1. Materials.
The Lightspan Digital Website, and the Lightspan Digital service generally, is owned and operated by Lightspan Digital, (“Lightspan Digital” or “we” or “us” or a similar designation). All right, title and interest in and to the materials displayed, published, downloaded, or otherwise provided on or by the Lightspan Digital Website or through the Lightspan Digital service, including but not limited to information, documents, logos, graphics, sounds, images, and other content (collectively, the “Materials“) are owned by Lightspan Digital or by its respective third party authors, developers, or vendors. Except as otherwise expressly permitted by Lightspan Digital in writing, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Lightspan Digital Website shall be construed to confer any license to such effect to any of Lightspan Digital’ intellectual property rights in the Materials or the Lightspan Digital Website, whether by estoppel, course of dealing, or otherwise. Please contact Lightspan Digital by email if you have any questions about obtaining a license to use the Materials for any purpose other than as expressly permitted by these Terms of Use. Any rights not expressly granted herein are reserved by Lightspan Digital.
You agree that Lightspan Digital may in our sole discretion, without notice of any sort, but has no obligation to: (a) modify from time to time the design and functionality of the Lightspan Digital Website and all services we offer; (b) edit, modify, or remove certain Materials; (c) reasonably edit any submission or posting you or any other user provides; or (d) otherwise modify or remove any content, service, feature, or other aspect of the Lightspan Digital Website or the Materials.
2. Limited Permission to Use Materials.
If you are not a member of or account holder for the Lightspan Digital service, your rights to the Materials are limited to the display, on a single web browsing device, of those Materials which are available without payment or log-in on the Lightspan Digital Website, for the sole and limited purpose of evaluating whether you are interested in subscribing to the Lightspan Digital service in order to, among other things, have access to Materials available to Lightspan Digital members.
If you are a paying member and account holder, Lightspan Digital hereby grants you permission to use, view, copy and print the Materials solely for your personal or business internal informational use, but never for republication or redistribution in any manner. See below for additional terms regarding our rule that each account is for the benefit of a single person or business.
If you print or otherwise create any copy of the Materials, you must reproduce, in full, any copyright, trademark, or other intellectual property notice on or in the Materials. You may not re-publish the Materials on any other website or make them available to any third parties.
The above constitutes the sole license, and your sole rights, to the Materials, and all other rights are retained exclusively by Lightspan Digital and/or its licensors. The above permission to use the Materials shall terminate automatically without notice upon (a) any breach by you (or anyone else who has access to the Materials through you) of these Terms of Use or any other terms of your membership with the Lightspan Digital service; or (b) the expiration of your Lightspan Digital membership, as applicable.
3. Links to Third Party Sites.
The Lightspan Digital Website may contain links to websites controlled by parties other than Lightspan Digital (“Third Party Sites“). Lightspan Digital is not responsible for the availability of, contents on, charges incurred on, or your other use of, Third Party Sites. Lightspan Digital provides links to Third Party Sites solely as a convenience to its members, and the inclusion of any link does not imply endorsement by Lightspan Digital of a Third Party Site. You bear all risks associated with Third Party Sites and Lightspan Digital is not responsible for any claim, loss or damage relating to or arising out of any Third Party Site or your use thereof.
4. Member Activities and Posted Information.
The identity of, or other information pertaining to, members and others using the Lightspan Digital Website may be discernible to you or others based upon the comments such members submit to, or their other activities on, the Lightspan Digital Website. You acknowledge that such activity on your part may result in others knowing your identity or having access to the comments or other materials you submit.
Notwithstanding such access, you may not use the Lightspan Digital Website except to participate in the activities and discussions expressly authorized by Lightspan Digital, and for no other purpose. Prohibited activities include, without limitation: mining for email addresses or other contact information; sending or posting unsolicited marketing or sales solicitations or spam; contacting anyone with whom you do not have a preexisting relationship (other than as participants of the Lightspan Digital Website); imitating or impersonating another person or entity (or misrepresenting your role with any organization); attempting to discern the log-in credentials of another member; selling or distributing email addresses or other contact information except with the owners’ express consent; submitting or posting any unlawful, tortious, harassing, abusive, fraudulent, misleading, infringing, obscene, or otherwise inappropriate (in the discretion of Anchor Advisor) content; distributing malicious technologies such as viruses or adware; perpetrating hoaxes or pyramid schemes; encouraging unlawful or inappropriate behavior; posting the intellectual property owned by another without permission; or interfering with another’s use or enjoyment of the Lightspan Digital Website or Materials.
5. Membership Terms, Conditions, and Cancellation
Each member account, and the Materials accessed under such account, are for the sole benefit of a single person or business entity, and no more than one, meaning that you may use the Materials and participate in Lightspan Digital member activities for yourself personally, or for a single business of which (a) you are an active, paid employee (not including engagement as an independent contractor) or (b) you are a principal (meaning that you own more than 5% of the voting equity of such business), but not any other business or entity, unless you receive express written permission from Lightspan Digital. If you desire to use the Materials and/or participate in Lightspan Digital member activities for the benefit of additional persons or entities, you must either register another account for each such person or entity, or contact Lightspan Digital about a multi-user account. (For the purposes of further clarification: if you are a business consultant or provide related services to more than one business organization, we welcome your membership, but you may not use a single Lightspan Digital membership to provide Materials to any client or organization other than the one for which you specifically register such membership.)
When you register an account and become an Lightspan Digital member, you must submit and maintain current and accurate account and contact information, including a working e-mail address. We may distribute notices and other important information to members to such e-mail address, and you are deemed to have received such notice if sent to the address of record for your account.
Your membership, and access to Materials and activities on the Lightspan Digital Website, is limited to the applicable timeframe of your subscription. After the last day of your paid subscription (as applicable), your access will terminate unless your subscription is renewed and payment is timely received. If your subscription for membership is recurring or auto-renewing, you must provide notice of cancellation at least five business days prior to your billing date for such cancellation to be effective before the next renewal, otherwise cancellation shall be effective at the end of the following subscription period. “Lifetime” memberships refer to the lifetime that the Lightspan Digital Website exists and is owned and operated by Lightspan Digital. Lifetime memberships apply to a single user/entity as described above, and are non-transferable.
Fees and charges for various membership or subscription levels (or durations) shall be as set forth on the Lightspan Digital Website from time to time (or as otherwise quoted to you by Lightspan Digital), and you agree to pay Lightspan Digital in accordance with your chosen level. If you choose an auto-renewing subscription with recurring billing, you hereby authorize Lightspan Digital to store your payment card information in a PCI compliant manner and to process applicable charges for each billing cycle of your subscription. You shall also be responsible for (a) any taxes applied to the sale of Lightspan Digital products or services, (b) any charge-back fees or other expense incurred by Lightspan Digital arising out of the payment card information you provide to Lightspan Digital, and (c) all connection charges, data charges, or other costs or expenses associated with your connection to the Lightspan Digital Website. Payments to Lightspan Digital are not refundable, absent manifest error.
If your account is held by a business organization and the user who registered or used your account leaves your organization, please contact us so that we may reissue new login credentials to your organization so as to avoid any violation of the single-entity rules above. Memberships may not be transferred to another organization.
Lightspan Digital reserves the right to refuse service or membership to any person for any reason. In addition, we reserve the right to terminate any account or membership for any reason or no reason, provided that if such termination is for no reason, we will refund a pro rated portion of any prepaid subscription fee.
5. NO WARRANTY.
THE Lightspan Digital WEBSITE AND ALL MATERIALS PROVIDED THEREON ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Lightspan Digital EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE Lightspan Digital WEBSITE, PARTICIPATION IN Lightspan Digital ACTIVITIES, OR USE OF THE MATERIALS IS WITH YOU.
THE MATERIALS ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE ANY LEGAL, TAX, MEDICAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE MATERIALS MAY NOT COMPLY WITH LEGAL REQUIREMENTS OR PRECEDENT IN YOUR JURISDICTION. YOU ACCEPT SOLE RESPONSIBILITY TO CONSULT WITH AN ATTORNEY (OR OTHER APPROPRIATE PROFESSIONAL) PRIOR TO USE OF THE MATERIALS IN ANY MANNER OTHER THAN STRICTLY FOR INFORMATIONAL PURPOSES.
Lightspan Digital MAKES NO WARRANTY THAT: (A) THE Lightspan Digital WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE Lightspan Digital WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Lightspan Digital WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE Lightspan Digital WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Lightspan Digital WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE Lightspan Digital WEBSITE IS AT YOUR OWN DISCRETION AND RISK. Lightspan Digital SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER (OR OTHER BROWSING DEVICE, OR ANY OTHER DEVICE CONNECTED THERTO) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
6. LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, Lightspan Digital SHALL NOT BE LIABLE FOR ANY REFUNDS, DIRECT DAMAGES, COVER DAMAGES, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL Lightspan Digital, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY, OR OTHERWISE), OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE Lightspan Digital WEBSITE OR MATERIALS AVAILABLE FROM THE Lightspan Digital WEBSITE, EVEN IF Lightspan Digital HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO Lightspan Digital’ MAKING THE Lightspan Digital WEBSITE AND THE MATERIALS AVAILABLE TO YOU AND IN DETERMINING THE PRICING THEREOF.
7. Indemnification.
You agree to defend, indemnify and hold harmless Lightspan Digital, its officers, directors, shareholders, employees and agents from and against any and all third party claims, and all liabilities, damages, losses or expenses arising out of or relating to such claims, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (a) your breach of these Terms of Use or (b) your access to or use of the Lightspan Digital Website and the Materials.
8. Your Submissions.
Lightspan Digital does not want you to submit confidential or proprietary information to it through the Lightspan Digital Website. All comments, feedback, information or material submitted to Lightspan Digital shall be considered non-confidential and may be used by Lightspan Digital for any purpose in its sole discretion, without further compensation to you, unless otherwise expressly agreed by Lightspan Digital in writing. You acknowledge that such submissions may become publicly available and you waive all moral or personality rights associated therewith.
By submitting any information or materials to Lightspan Digital you hereby assign to Lightspan Digital, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. You represent that any materials or information you submit are (a) accurate and not misleading, and (b) owned by you, or licensed by you in a manner sufficient for you to submit the same to Lightspan Digital as contemplated in these Terms of Use.
9. Lightspan Digital Website Usage.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Lightspan Digital Website in a manner that sends more request messages to the Lightspan Digital Website servers in a given period of time than a human would produce in the same period by using a conventional web browser. Lightspan Digital allows the operators of bona fide public search engines to use spiders to copy materials from the Lightspan Digital Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Lightspan Digital Website source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. Lightspan Digital reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.
10. Compliance with Laws.
You may not access, download, use or export the Lightspan Digital Website or Materials in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations.
11. Children.
Minors are not eligible to use the Lightspan Digital Website, and we ask that they do not submit any personal information to us.
12. Governing Law; Venue.
These Terms of Use, and your rights and obligations hereunder or with respect to your use of the Lightspan Digital Website or the Materials, shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules.
Any legal action relating to these Terms of Use, or the Lightspan Digital Website or Materials, shall be instituted in a state or federal court in Cook County, Illinois, provided that actions for specific performance or injunctive relief, or to enforce a judgment may be brought where necessary, and each of you and Lightspan Digital agrees to exclusive personal jurisdiction and venue in Cook County, Illinois.
These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through the Lightspan Digital Website or otherwise involving Lightspan Digital.
13. Privacy Policy; Other Website Rules.
You agree to the Privacy Policy, to which you are also bound. All limitations of liability, disclaimers of warranty, jurisdictional and venue provisions in these Terms of Use shall apply to any claim or question under the Privacy Policy and shall be deemed incorporated therein by reference. All other Lightspan Digital policies or rules set forth on the Lightspan Digital Website are also binding on you and apply to your use of the Lightspan Digital Website, and your violation thereof shall be deemed a breach of these Terms of Use.
14. Intellectual Property Notices.
Copyright © 2018, Lightspan Digital, ALL RIGHTS RESERVED.
Lightspan Digital and all icons, logos, trade dress, and other trademarks, service marks, or similar property are owned by Lightspan Digital, its licensors, or their respective property owners,.
Lightspan Digital TERMS OF USE VERSION 1.8 (JANUARY 2014)
Call 312-637-9473 or email hello [at] lightspandigital.com to learn more about Lightspan today