Terms of Use

OpenBook Learning, Inc. Terms & Conditions

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ALL OR ANY PORTION OF THE WEBSITE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT,

By accessing and using this site, you are stating that you have read and agree to the terms and conditions of this User Agreement just as if you had signed an agreement containing the User Agreement.

IF YOU DISAGREE WITH ANY OF THE TERMS THAT FOLLOW, OR DO NOT AGREE TO BE BOUND BY ALL SUCH TERMS, DO NOT USE THIS SITE OR THE APPLICATIONS CONTAINED WITHIN.

1. PRICING AND PAYMENT POLICY

All prices are listed in U.S. dollars. You may use Visa, MasterCard, or American Express credit cards. We prefer you pay online. If you are unwilling to do this you may contact us directly at info@openbooklearning.com and + 1-770-325-0300 to arrange payment.

2. PERMITTED USE AND RESTRICTION ON USE

PERMITTED USE

The Site contains material which is derived in whole or in part from material supplied by OpenBook Learning, Inc. and other sources, and is protected by U.S. and international copyright, trademark and other applicable laws.

RESTRICTIONS ON USE

You agree not to sell, publish, distribute, retransmit or otherwise provide access to the Site or content received through OpenBook Learning, Inc. to anyone, including your fellow employees.

You agree not to create abstracts from, scrape or display from our content for use on another web site or service. You agree not to post any content from OpenBook Learning, Inc. to newsgroups, mail lists or electronic bulletin boards, without our written consent.

No materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled or otherwise reduced to a human-perceivable form. Modification of the materials for any other purpose than online viewing is a violation of copyright, trademark and other proprietary rights.

OpenBook Learning, Inc. grants you individually a limited license to the materials during usage, but OpenBook Learning, Inc. does not transfer title to the materials to you. OpenBook Learning, Inc. retains full and complete title to the materials and all intellectual property rights therein. You may not distribute any of the materials to others, in a manner other than for which it was intended, including, without limitation, any person in the business organization by which you are employed or otherwise affiliated, whether or not for payment or other consideration, and you may not modify, sell, publish, transmit, display or otherwise use any portion of the materials.

3. YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

OpenBook Learning, Inc. will only use your information in accordance with our Privacy Policy.

4. COMMUNICATIONS/SUBMISSIONS

When you visit OpenBook Learning or send e-mails to OpenBook Learning, you are communicating with OpenBook Learning electronically. You consent to receive communications from OpenBook Learning electronically. OpenBook Learning will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that OpenBook Learning provides to you electronically satisfy any legal requirement that such communications be in writing.

Any creative materials which you post on the Forum (as defined in Section 6 below) or transmit to the Site or OpenBook Learning by electronic mail, telephone conference call, live or recorded interview, or otherwise, including creative suggestions, ideas, notes, drawings, concepts or other information, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information") shall be deemed, and shall remain, the property of OpenBook Learning. None of the Information shall be subject to any obligation of confidence on the part of OpenBook Learning and OpenBook Learning shall not be liable for any use or disclosure of any Information and OpenBook Learning is hereby granted a non-exclusive license to use in perpetuity, throughout the universe, any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled without restriction to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

5. LINKED SITES

OpenBook Learning is not necessarily affiliated with sites that may be linked to the Site ("Linked Sites") and is not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites or any association between OpenBook Learning and their owners or operators. You assume sole responsibility for use of third party links.

6. FORUMS

The Site may include bulletin boards, chat rooms, e-mails or other forums ("Forums"). OpenBook Learning is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Site that you shall not upload, transmit, distribute or otherwise publish through such Forums any content which: violates any law; libels; defames; is obscene; hateful; racist; harassing; vulgar; pornographic; abusive; threatening; profane or indecent, including images and language; infringes any intellectual property rights of a person or entity, including without limitation, violating a copyright or trademark or other proprietary right or derivative works with respect thereto; violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights; in any way exploits any information; software or other material for commercial purposes or which contains advertising; promotion or marketing without the express written permission of OpenBook Learning (if such consent is given, only pursuant to the terms and conditions designated in the written permission from OpenBook Learning); is for the benefit of any business entity in which you have a direct or indirect financial interest without the express written permission of OpenBook Learning (if such consent is given, only pursuant to the terms and conditions designated in the written permission from OpenBook Learning); solicits gambling or engages in any gambling activity; contains a virus or other harmful component; advocates illegal activity; solicits any illegal act; uses the service for any purpose other than which it is intended; impersonates any person; or uses forged headers or other identifying information in a defamatory way. While OpenBook Learning does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, OpenBook Learning reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, unacceptable, or otherwise deemed off-topic or inappropriate as set forth hereinabove or otherwise. You acknowledge OpenBook Learning reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Your use of this Site constitutes consent to such monitoring. OpenBook Learning will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. OpenBook Learning reserves the right to immediately terminate its service to any customer for any violation of this Agreement.

7. TERMINATION AND FEES EARNED

TERMINATION BY OPENBOOK LEARNING

OpenBook Learning reserves the right to terminate this Agreement for any reason whatsoever. OpenBook Learning reserves the right to modify or discontinue this Site, or any portion thereof (including Forums) without notice to you or any third party

TERMINATION BY YOU

You may terminate this Agreement upon notice to OpenBook Learning. In the event of termination, you are no longer authorized to access the Site or any portion thereof. The restrictions imposed on you with respect to Materials downloaded from the Site, your indemnity and all disclaimers and limitations of liabilities set forth in this Agreement shall survive the termination of this Agreement.

8. CONTINUITY OF SERVICE

OpenBook Learning makes every effort to keep its service up and running. However, OpenBook Learning cannot and will not guarantee 100% uptime of our service and operation of the Site may be interfered with by numerous factors outside of our control. In no event shall OpenBook Learning be liable for any disruption of service.

9. DISCLAIMERS AND LIMITATIONS ON LIABILITY

Your use and browsing of the Site is at your own risk. If you are dissatisfied with the Site, any of the materials contained in the Site including, without limitation, the teleseminars and other OpenBook Learning communications, voicemails, and electronic transmittals to members, with this User Agreement or if the Site is not functioning to your expectations, your sole and exclusive remedy is to discontinue accessing and using the Site. See Section 7 above regarding OpenBook Learning’s refund policy.

OpenBook Learning’s Site contains facts, views, opinions, statements and recommendations of third party individuals and organizations. OpenBook Learning does not represent or endorse the accuracy, correctness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site. You should regard statements non-factual in nature to constitute current opinions, which are subject to change. Any reliance upon any such opinion, advice, statement or information is at your sole risk.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OPENBOOK LEARNING, INC. , ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE SITE, EVEN IF OPENBOOK LEARNING WAS ADVISED BEFORE HAND OF SUCH POSSIBILITY. OPENBOOK LEARNING DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OPENBOOK LEARNING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPENBOOK LEARNING IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY OPENBOOK LEARNING OR ANYONE ELSE. IN NO EVENT SHALL OPENBOOK LEARNING”S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE ANNUAL AMOUNT PAID BY THE ACCOUNT HOLDER, FOR ACCESSING THE SITE. THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

OpenBook Learning cannot ensure that you will be satisfied with any products or services that may be advertised on the Site or that you may purchase from a third-party site that may be on, or linked to or from the Site, since such product or services may be owned and operated by independent retailers. OpenBook Learning has not taken any steps to confirm the accuracy or reliability of any of the information contained in such advertisements or third-party sites. OpenBook Learning does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against OpenBook Learning, its affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such sites. OpenBook Learning strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless OpenBook Learning, its parents, subsidiaries, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (a) any Materials posted or otherwise provided by you that infringe any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site or reliance by you on any Materials contained on the Site; (c) any non-compliance by you of the User Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site, including the Information or Materials obtained through the Site.

11. COPYRIGHT

All information, content, services displayed on, transmitted through, or used in connection with this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of OpenBook Learning, Inc. and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of OpenBook Learning and protected by U.S. and international copyright laws.

OpenBook Learning respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact: info@openbooklearning.com.

12. TRADEMARKS

OpenBook Learning is registered trademark of OpenBook Learning, Inc. in the United States. www.openbooklearning.com and the graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of OpenBook Learning, Inc. . OpenBook Learning trademarks and trade dress may not be used in connection with any product or service that is not the property of OpenBook Learning Inc.., or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OpenBook Learning, Inc.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.openbooklearning.com so long as the link does not portray OpenBook Learning, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner and provided that you agree to cease such link upon request from OpenBook Learning. You may not use any OpenBook Learning logo or other proprietary graphic or trademark as part of the link without express written permission.

13. ASSIGNMENT

You may not assign your rights or obligations arising under this Agreement without OpenBook Learning’s prior written consent. Any other assignment shall be null and remain void. OpenBook Learning, Inc. may assign its rights and obligations under this Agreement, but must provide written notice to Customer within 90 days of doing so.

14. ADDITIONAL TERMS

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on this Site:

Pricing and Payment Policy

Each of these policies may be changed from time to time and are effective immediately after OpenBook Learning, Inc. posts the changes on this Site, except for the Privacy Policy for which OpenBook Learning will provide you with thirty days prior notice. In addition, when using particular services on this Site, you agree that you are subject to any posted policies or rules applicable to services you use through this Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. This Agreement and any other posted operating rules constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, OpenBook Learning representatives and you.

15. AMENDMENT OF AGREEMENT

OpenBook Learning may amend this Agreement from time to time on an as-needed basis by placing an update of this Agreement online at this Site at this location or at any other location designated at said Site.

Any changes to this Agreement take effect upon posting to the Site. If you do not agree with any changes of the terms and conditions of OpenBook Learning, you must immediately cease the use of OpenBook Learning’s service.

16. NOTICES

All notices shall be sufficient in all respects if given in writing and delivered by commercial courier providing proof of delivery and addressed as follows: OpenBook Learning, Inc. P. O. Box 8062 Brattleboro, VT 05304 and to the email address you provided to OpenBook Learning during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In such case, notice shall be deemed given 3 days after the date of mailing.

17. MISCELLANEOUS

The www.openbooklearning.com Site is controlled and operated by OpenBook Learning, Inc. P. O. Box 8062 Brattleboro, VT 05304, United States of America. OpenBook Learning makes no representations or warranties that Materials in this Site are appropriate or available for use in or from other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Vermont without giving effect to any principles of conflicts of law. Disputes between you and OpenBook Learning, Inc. regarding OpenBook Learning’s services may be reported to info@openbooklearning.com.

If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

You and OpenBook Learning are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Failure to act with respect to a breach by you or others does not waive OpenBook Learning’s right to act with respect to subsequent or similar breaches.

BOTH PARTIES REPRESENT AND WARRANT THAT THEY HAVE FULL POWER (INCLUDING CORPORATE POWER) AND AUTHORITY TO EXECUTE AND DELIVER THIS AGREEMENT AND TO PERFORM THEIR OBLIGATIONS HEREUNDER, AND THAT THE PERSON (AND COMPANY, IF APPLICABLE) WHO ACCEPTS THIS AGREEMENT BY CLICKING THE APPROPRIATE BUTTON ON THE OPENBOOK LEARNING CLIENT LOG-IN PAGE IS DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE PARTY.

As described below, as part of the normal operation of our services, your information is collected by us and used by us. This Privacy Policy describes the information we collect about you and what may happen to that information.

What Personal Information About Customers Does OpenBook Learning Gather?

Information You Give Us: We receive and store any information you enter on this Site or give us in any other way. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
Automatic Information: We receive and store certain types of information whenever you interact with us, we use "cookies," and we obtain certain types of information when your web browser accesses OpenBook Learning. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on this Site and you may be required to reenter your password more frequently during a session.

OpenBook Learning Does Not Share Your Information.

We use your information to facilitate the services you request. We use information in the file we maintain about you, and other information we obtain from your current and past activities on this Site, to resolve disputes, troubleshoot problems and enforce our User Agreement.
You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze Site usage, improve our content and product offerings, and customize the Site's content, layout, and services.
You agree that OpenBook Learning may use your information to contact you and deliver information to you that is targeted to your interests and relevant to your use of the Site.
As a matter of policy, OpenBook Learning does not sell or rent any personally identifiable information about you to any third party. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy.
OpenBook Learning will not give out personally identifiable information from user accounts or disclose such information to advertisers and other third parties.
OpenBook Learning can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
OpenBook Learning offers you the ability to automatically review and change the information you submit to OpenBook Learning by logging into the Site and entering in the new information yourself.
Upon your request, OpenBook Learning will deactivate your account, contact information, billing information, shipping information, and financial information from its active databases to prevent your information from being shared with other users.
OpenBook Learning may amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms shall automatically be effective 30 days after they are initially posted on this Site.