THE TERMS AND CONDITIONS SET OUT BELOW ARE A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND JONES & BARTLETT LEARNING, LLC, ON BEHALF OF ITSELF AND ITS AFFILIATES, ("JBL") AND GOVERN YOUR USE OF CDX ONLINE ("SERVICE"). YOU MUST AGREE TO THESE TERMS BEFORE ACCESSING THE SERVICE. TO AGREE TO THESE TERMS, CLICK "AGREE." YOU REPRESENT THAT YOU HAVE SUFFICIENT LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," DO NOT ACCESS THE SERVICE, AND CONTACT JBL CUSTOMER SERVICE FOR A REFUND OF AMOUNTS YOU PAID TO JBL FOR USE OF THE JBL ELEARNING COURSEWARE THAT YOU NO LONGER DESIRE TO ACCESS AND USE.
YOUR JBL ACCOUNT
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. JBL may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that JBL may store and use the Registration Data you provide in maintaining your accounts and billing fees.
You must not disclose your User ID or Enrollment Key to anyone else. You must not allow anyone else to use the Service under your User ID or Enrollment Key. You are entirely responsible for all activities that occur in connection with your User ID or Enrollment Key with respect to the Service, and you agree to immediately notify JBL of any unauthorized use of your User ID, Enrollment Key or any other breach of security. JBL shall not be responsible for any losses arising out of the unauthorized use of your User ID, Enrollment Key or any other breach of security. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to the Service. If you have reason to believe that someone is using your account without your permission, you should contact JBL immediately. JBL will not be responsible to you or any third party for any loss or damage resulting from your failure to notify JBL of unauthorized use or from your allowing others to use and/or not adequately protecting your User ID or Enrollment Key. You certify and represent that any exam, test, assessment, or other interactive tool offered through the Service will be completed and utilized only by you and you will not permit any other person to falsely answer exam, test, and assessment questions under your name. You understand and agree that any false, misleading, or fraudulent activity committed by you in connection with your use of the Service may result in invalidation of your scores and records, immediate suspension or termination of your access to the Service, and disciplinary action by your school or institution consistent with their policies. You understand and agree that JBL will report any suspected fraud or testing misconduct to your school or institution and will pursue any action reasonably necessary to protect student and school records and the integrity of the Service. You agree to use the Service only as permitted under this Agreement. If you are located outside of the United States, you consent to the transfer of your personal information into the United States. You agree that you will not disclose any portion of the Service to any other person or entity, as the Service contains the confidential and proprietary material of JBL and doing so would result in serious financial harm to JBL, for which you may be held personally liable. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your ability to use the Service.
You understand and agree that the Service constitutes and is comprised of intellectual property and proprietary material that is owned by JBL or its licensors and is protected under intellectual property laws in the United States and other countries, which includes, but is not limited to, copyright. All rights not expressly granted to you under this Agreement are reserved by JBL and its licensors. Jones & Bartlett Learning, LLC, CDX Automotive, CDX Online, and other Jones & Bartlett Learning, LLC trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Jones and Bartlett Learning, LLC in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. JBL and its licensors do not grant to you any right or license in connection with any of the foregoing trademarks, service marks, graphics, or logos and you are expressly prohibited from using the same without written permission from the applicable owner.
The Service is licensed, and not sold, to you or to the school or institution with whom your use of the Service is affiliated, subject to the terms of this Agreement and timely payment of any fees due and payable to JBL. You are prohibited from making any copies of any part of the Services. If you have independently paid JBL for the use of the Service, the aforementioned license is granted to you. Your license to use the Service is subject to your prior acceptance of this Agreement and you agree that these terms will apply to the Service, including any updates or enhancements. You are not authorized to assign or transfer this license or your User ID or Enrollment key to any other person or entity. Other than the rights granted to you in this Agreement, JBL grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicense, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works of or based on the Service (except as and only to the extent that the foregoing restrictions is not permitted under applicable law or to the extent permitted by the license terms of any open-source components included with the Service). You agree to use the Service only as permitted under this Agreement. Any violation of these terms may subject you to civil and criminal penalties, prosecution, monetary damages, and the immediate termination of your access to the Service.
ACCESS TO SERVICE
The Service may be accessed via the Internet using the JBL-supplied client application. JBL is not responsible for providing you with Internet access or hardware or other software needed to access the Service. JBL is not responsible for any issues that may arise relating to your use or inability to use the Service due to your Internet, hardware or software arrangements. If you have difficulties in using the Service, you must contact your access provider and not JBL. You may use the Service only for your individual educational needs. You may not provide access to the Service to third parties, resell the Service or make the Service available to others as part of a service bureau. You must not try to alter the Service or the Service content. This agreement is not a license to use or copy content accessible via the Service. Your access provider may suspend or terminate your access to the Service at any time without notice to you. In circumstances where you obtain access to the Service through an education provider, JBL may suspend or terminate your access to the Service in accordance with JBLs agreement with your education provider or if you do not comply with the terms of this Agreement. If JBL reasonably suspects that you have violated this Agreement, or if fees due and payable to JBL by you or your school or institution have not been paid then, without notice to you, JBL may terminate this Agreement, the license, and your account and deny you further access to the Service. Upon termination of your school's or institution's license, or your individual license of you have directly paid JBL, you shall cease all use of the Service and remain liable for paying all amounts that may due and payable by you to JBL under this Agreement, if any. JBL reserves the right to modify, suspend, remove, or disable access to any the Service at any time without notice and in no event will JBL be liable for making any such changes.
USE OF DATA
By registering with JBL, you indicate your agreement with the following terms around use of certain data, as described below:
Your Learning Data:
You understand and agree that, in the course of your use of the Service, you (and your school or institution, if your use of the Service is affiliated with a school or institution) will submit personal and identifiable data regarding you and your individual use of the Service, which may include, but not be limited to, your academic performance and student record, your individual grades and scores, instructor feedback and comment, your personal learning behaviors, and various metrics related to your learning of particular subject matters made available through the Service ("Your Learning Data"). You understand and agree that JBL, through the Service, will collect, maintain, process, have access to, and use Your Learning Data to (i) confirm your identity to ensure only authorized users are accessing the Service and for general security, (ii) analyze and provide certain information about your learning and academic performance to you, the school or institution with whom your use of the Service is affiliated, and your instructor(s) from said school or institution, (iii) provide technical support to you and your school or institution on the Service, and (iv) generate reports and analytics for use by you, your school or institution, and your instructor(s) regarding your learning and academic performance and/or the learning and academic performance of an entire class or classes at your school or institution. You understand and agree that JBL reserves the right to continued use of all General Service Data and School Metrics, as defined below, without specific, identifiable reference to you or Your Learning Data.
General Service Data:
You also understand and agree that, through the Service and the use of other third party software, JBL may collect diagnostic, technical, and general Service usage information that is gathered, de-identified, and made anonymous, to (i) facilitate JBL's product support and software development, and improve the Service, (ii) verify compliance with license terms, (iii) monitor, record, and report information about the Service user activity and engagement with the Service sites and modules, (iv) collect information around device use, the Service site volume and load, and user results in connection with certain the Service features or material ("General Service Data").
Aggregate School Metrics:
Your Learning Data and General Service Data may also be used in the aggregate, anonymous, and de-identified by JBL for benchmarking analytics and general metrics about your school's or institution's performance as compared to other schools and institutions and other JBL customers ("School Metrics").
You understand and agree that JBL may share various types of aggregated and anonymous, de-identified data described above with third parties, provided however, in no event will JBL share any personally identifiable information about you with any third party (other than the school or institution with whom your use of the Service is affiliated, and JBL contractors for whom JBL remains fully responsible) without your express consent to such disclosure.
By clicking the "I Agree" button below, as part of agreeing to the terms and conditions in this Agreement, you are also providing your express consent to JBL's and its affiliates' collection, use, maintenance, reporting, and processing of Your Learning Data, General Service Data, and School Metrics, as described herein.
COMPLIANCE WITH LAWS; EXPORT
You agree to comply with all applicable federal, state, provincial, and local laws, including without limitation, all applicable laws in the jurisdiction where you reside, in your use of the Service. You will not use the Service in any way that is prohibited by U.S. law or that would violate U.S. export regulations. You may not use or otherwise export or re-export the Service except as is permitted under U.S. laws and the laws of the jurisdiction where you reside. The Service may not be exported into any U.S. embargoed countries or to anyone on the U.S. Government's list of specially designated nationals or denied persons or entities. You warrant that you are not located in any such country or on any such list.
US Government: If your use of this Service is in connection with an institution that is an entity of the US Government, or is funded in whole or in part by the US Government, JBL retains sole and exclusive ownership of the Service, as the Service was developed using private funds and consist of "Commercial Items" as defined in 48 C.F.R. §2.101, including of "Commercial Computer Software" and "Commercial Computer Software Documentation." Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed solely as Commercial Items and only with those restricted rights granted to all other end-users pursuant to the terms of this Agreement. Unpublished-rights reserved under the copyright laws of the United States.
Other Non-US Government: If your use of this Service is in connection with an institution that is an entity of any governmental body or authority, or is funded in whole or in party by any governmental body or authority, JBL retains sole and exclusive ownership of the Service, as the Service was developed using private funds and are licensed with the restrictions set forth herein.
USE OF LINKS
JBL may include material from third parties or include links to third party websites in the Service. Such material is provided as a convenience to you and JBL assumes no liability or responsibility for such third party materials or websites.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, AND JBL AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN STATEMENT BY ANY JBL EMPLOYEE OR REPRESENTATIVE SHALL CREATE A WARRANTY OR MODIFY THIS SECTION. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILTY TO USE, THE SERVICE IS AT YOUR SOLE RISK. JBL AND ITS LICENSORS DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SERVICE. JBL TAKES PRECAUTIONS TO PROTECT THE SERVICE, BUT MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. JBL AND ITS LICENSORS DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
The Service is designed to provide accurate and authoritative information and recommendations in regard to the subject matter covered and JBL uses reasonable efforts to provide accurate information. Notwithstanding the foregoing, JBL AND ITS LICENSORS MAKE NO WARRANTY OR GUARANTY AS TO, AND ASSUME NO RESPONSIBILITY FOR, THE CORRECTNESS, SUFFICIENCY, OR COMPLETENESS OF INFORMATION OR RECOMMENDATIONS MADE IN THE SERVICE, OR FOR ANY ERRORS, OMISSIONS, OR ANY OUTCOMES RELATED TO YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY
IN NO EVENT WILL JONES & BARTLETT LEARNING, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS DISRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH JURISDICTIONS, JBL'S LIABILTY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall JBL's and its Licensor's total liability to you for all damages exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
By accepting this Agreement and using the Service, you agree that you will indemnify and hold JBL, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless in connection with any claim arising out of your breach of the terms of this Agreement, any malicious and unlawful activity by you, your use of the Service, or any action taken by JBL to protect its intellectual property, including, but not limited to, suspension or termination of your access to the Service.
You may only enter into this agreement if you are 15 years of age or older. If you are 15 or older, but under the age of 18, you should review the terms of this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to the terms of this Agreement.
JBL reserves the right to update and modify the terms of this Agreement without advance notice to you and such changes will be effective immediately and will govern your continued use of the Service, provided, however, JBL will not alter any consent previously provided by you regarding use of your personal information or data unless you expressly provide updated consent.
This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A without giving effect to its conflict of law provision. Exclusive jurisdiction for any claim arising out of this Agreement will be in the courts of the Commonwealth of Massachusetts. The parties each waive any rights to a jury trial for any claim or cause of action arising out of this Agreement. No JBL employee or representative has any right or authority to modify, whether orally or in writing, the terms of this Agreement.
If you are in Canada, JBL and you confirm that it is their wish that this document and all other related documents be drawn up in English. (Translation in French: JBL et vous reconnaissent avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s'y rattachent.) Notwithstanding anything to the contrary herein, your use of the Service shall be subject to all required provincial laws applicable to JBL regarding data use and data privacy.
This Agreement is the entire and exclusive agreement between JBL and you regarding your use of the Service and replaces any prior agreements between you and JBL regarding the subject matter herein. If any part of this Agreement is determined to be invalid or unenforceable, the remaining portions shall remain in full force and effect. JBL's failure to enforce any right under this Agreement will not constitute a waiver of such right or of any other right under this Agreement. JBL is not responsible for failing to fulfill its obligations hereunder for reasons that are outside of JBL's control.
JBL reserves the right to take steps JBL believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that JBL has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as JBL believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to JBL's right to cooperate with any legal process relating to your use of the Service, and/or a third-party claim that your use of the Service is unlawful and/or infringes such third party's rights).