Last updated November 13, 2021
Overview / General Principles:
- Educator, designer, other individual accounts can access the platform for free to browse, create, adopt, adapt courseware in the authoring mode.
- Products created can be placed in the marketplace, or held as direct-to-learner assets.
- Products cannot be exported to another platform.
- Learner experience is direct from Sojourner and/or via LTI (Learning Tools Interoperability) link from instructors' LMS (Learning Management System).
- Marketplace has revenue share component.
- Educators will have access to community section of the site, where their profiles will be public and certain capabilities will be available for communication and collaboration.
Please read this agreement carefully to ensure that you understand each provision.
1. Use of Our Service
Our Service in a Snapshot: argos.education operates an online platform (Sojourner) and media licensing service that empowers our users, members, educators, designers, and others (each a "User") to author, collaborate, design, adopt, adapt, edit, and otherwise make ready a variety of digital learning experiences. We provide ready-made media, content, and tools that are licensable for use in accordance with our various licenses.
Eligibility. You may use the Service only if you can form a binding contract with argos.education, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
In this agreement, a child is considered a person under the age of 13 years old (or the minimum legal age in the child's country to be able to consent themselves to the processing of their personal data if this age is higher than 13 years old). Children are not permitted to use or access the Service unless their use of the Service is directly authorized by their parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by a child who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.
The Service may not be available to any Users previously removed from the Service by argos.education. By using the Service, you represent and warrant that you have the full right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the argos.education Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. argos.education reserves all rights not expressly granted herein in the Service and the argos.education Content (as defined below). argos.education may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, or prints.
Argos Education and its Sojourner platform provides a great resource for creating your digital learning experiences. To use the Sojourner platform we require you to comply with these terms and any applicable laws or regulations. Children are not allowed to use Sojourner without parental consent and adult supervision.
2. Argos Education Accounts
Your argos.education account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an argos.education account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to argos.education with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. In order to be accepted as a Contributor (as defined below), we may require you to submit a valid photo identification. You also may be required to provide information related to your tax obligations. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and you agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if Argos provides you with tax tools or tax calculators that assist you in doing so. Argos does not represent, warrant or guarantee that any tax tools or tax calculators provided to you will meet all tax requirements that may be applicable to you or that such tax tools or tax calculators will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your transaction, the nature of your tax status (individual, entity, business, consumer, etc.), your location, credits and deductions for which you may qualify and other factors, and you hereby release Argos of any and all liability with respect to your use of the tax tools and/or tax calculators. None of such tax tools or tax calculators should be considered legal or tax advice. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify argos.education immediately of any breach of security or unauthorized use of your account. argos.education will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing argos.education your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
argos.education usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
When you create an argos.education account, you must provide us with accurate information. You are responsible for any activity that occurs on your account, so make sure you have a strong password.
Your argos.education account is your unique identity. Don't let anyone else use your argos.education account.
You can control your User profile and how you interact with the Sojourner platform by adjusting your account settings. We might email you important messages and information we think you'll find useful, but you should check back here for updates. We will stop sending you promotional materials if you tell us you're not interested.
Certain portions of the Service may allow you to create or contribute to group accounts ("Team"). Access to a Team will be made available only to those Users who are authorized by the creator or controller of the Team ("Team Owner"). The Team Owner will be responsible for adding Users to the Team, for managing permissions for authorized Users, and otherwise for managing the account as set forth in this Agreement.
The Team Owner may contact argos.education to assign a new Team Owner. argos.education will act on the directions of the Team Owner with respect to any re-assignment of ownership and the deletion and retention of User Content within the Team.
3. Service Rules
Notwithstanding the foregoing, materials subject to Creative Commons and other "open source" licenses may allow you to download multiple copies, use an unlimited number of pages, reproduce, publish, distribute, and modify works, or portions thereof, for commercial or non-commercial purposes, depending on the specific nature of the license. Such licenses may also require you to make any modifications available at no charge and may place other restrictions on the use, sale, and distribution, of any modified work. We suggest you review copyright and licensing information contained within each work to determine whether the work is subject to such a license. argos.education retains the right to change pricing and terms of conditions of any modified works made available via the Service and subject to Creative Commons and other "open source" licenses so as to confirm with the terms of such licenses.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service. Unless you have been expressly authorized to do so in writing by argos.education, you agree that in using the Service you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Argos Education Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. You are free to share and adapt such audiovisual content as long as you provide attribution to the original source of the content and specify any changes you make.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from argos.education prior to establishing another account. If you attempt to establish another account without obtaining such authorization, argos.education may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of argos.education in each instance. If such consent is granted, you may not submit identical Third Party Content (as defined below) to more than one account.
argos.education does not guarantee that any derivatives using material found on the Service will be available on an on-going basis to User. For instance, in the event that underlying material used in the derivative is no longer available to argos.education, then argos.education does not guarantee that the derivative will remain available for use or access by User.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. argos.education shall have no liability for your interactions with other Users, or for any User's action or inaction.
argos.education does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote, or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
If you use our platform, we expect you will respect our rules which exist to make it a better experience for all users. We have adapted rules that work successfully across the internet. These rules include how to handle other people's content, which essentially means you should provide attribution to that work and advise others if you have changed it.
Educators have created the content you see on the platform, and they have the choice on how their work will be made available for use on the platform. We ask you to abide by those licensing choices.
If you breach any of these rules, we have the right to terminate our Services or your access to the Service.
4. User Content
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints or otherwise makes available on or via the Service without compensation "User Content"). You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content, including any third-party Intellectual Property Rights incorporated therein. You must understand that you are responsible for clearing the rights to ANYTHING you submit to the Service. We cannot be responsible for doing so. For the avoidance of doubt, User Content does not include Third Party Content (which is covered in our Contributor Agreement).
4.2 Uploading and Publishing User Content to argos.education.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. argos.education reserves the right, but is not obligated, to reject and/or remove any User Content that argos.education believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent, and warrant the following:
- Your User Content and argos.education's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
- argos.education may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
- If your User Content contains or incorporates in any manner any third party components including but not limited to design elements, text elements, instructional elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to argos.education, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Argos Education for the purposes set forth herein.
- Your User Content is neither obscene, defamatory, nor otherwise objectionable.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
- You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Argos Education.
- If you use the Service to post, publish, share or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, encourages illegal activity, infringes (or is otherwise deceptively similar to) any third-party's Intellectual Property Rights (e.g. uploading full movie or television shows), or otherwise breaches these terms.
- You will not engage in pay per click advertising using keywords which compete with argos.education's own campaigns in order to promote your relationship with argos.education nor will you use or engage a third party on your behalf to use argos.education in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Argos Education shall send you written notice of such claim, using the email address provided by you to argos.education, specifying the details of the claim as then known to argos.education. Pending the determination of such claim, Argos Education may withhold from royalties and/or other compensation due to you hereunder such sums as are reasonably related to the probable value of the claim as determined solely by argos.education.
argos.education takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing, and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Third Party Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that argos.education shall not be liable for any damages you allege to incur because of User Content, Third Party Content or your use of either in printed form. If your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that argos.education may disclose such User Content to law enforcement or other government authorities.
We welcome you to upload content to argos.education, but we don't allow anything that is offensive, obscene, or could constitute or contribute to a criminal or civil offense, including copyright and other Intellectual Property Right violations. We will abide by all relevant laws, and we require you to do so as well.
If you want to contribute content to Argos Education to be licensed to other Users in exchange for royalties, you must agree to the argos.education Contributor Agreement.
You promise that you have all necessary permissions and rights to submit the content you provide to us, and that your content won't infringe anyone's rights or violate any laws. You promise that your information is truthful. We're not responsible for your content in any way.
You're also promising:
– You have sufficient rights to use everything you submit.
– Your content is appropriate for use on our Service.
– You won't spam people.
– You won't compete with argos.education for advertising clicks to promote your argos.education profile.
We have the right but not the obligation to take down any content on our platform.
If we think you're violating this Agreement, we may freeze your account until we figure it all out.
5. User Content License Grant
By publishing any designs or content containing User Content using the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Argos Education a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, fully paid-up, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Argos Education's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. For the avoidance of doubt, User Content does not include Third Party Content. Third Party Content is licensed to argos.education in accordance with the terms of the Contributor Agreement.
When you publish Community Content, User Content, or designs with User Content, you're granting us the rights necessary to host them in public view. These rights are only required when you publish User Content on the platform, not for designs that you only download and publish elsewhere.
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Third Party Content belonging to other Users (the "argos.education Content"), and all Intellectual Property Rights related thereto, are the exclusive property of argos.education and its licensors (including other Users who post User Content or contribute Third Party Content (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Argos Education Content, unless such license has been explicitly granted to you. Use of the argos.education Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Except for the User Content you provide to argos.education, all materials on the Service are exclusively owned by us or our licensors. Don't steal any of the content that's helping you make fantastic work.
7. Paid Services
7.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. argos.education may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
7.2 No Refunds.
You may cancel your argos.education account at any time; however, there are no refunds for cancellation. In the event that argos.education suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
7.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
Some content on the platform comes with a fee. By initiating a purchase on Argos Education, you agree to pay all charges associated with your transaction. Once you've provided a payment to us, we don't provide any refunds.
7.4 Free Trials
Argos Education may offer free trials for certain paid subscription types to allow you to try our service. argos.education reserves the right to set eligibility requirements for free trials.
At the end of any free trial period, we will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior.
8. argos.education Property
Certain aspects of the service (including but not limited to the Community) may allow you to obtain certain reputational or status indicators ("argos.education Property"). You understand and agree that regardless of terminology used, argos.education Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at argos.education's sole discretion. argos.education Property is not redeemable for any sum of money or monetary value from argos.education at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of argos.education on argos.education servers, including without limitation any data representing or embodying any or all of your Argos Education Property. You agree that argos.education has the absolute right to manage, regulate, control, modify and/or eliminate argos.education Property as it sees fit in its sole discretion, in any general or specific case, and that Argos Education will have no liability to you based on its exercise of such right. All data on argos.education's servers are subject to deletion, alteration, or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Argos Education's servers, may be deleted, altered, moved, or transferred at any time for any reason in argos.education's sole discretion, with or without notice and with no liability of any kind. argos.education does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on argos.education's servers.
Although your profile might say "Emperor of argos.education", the status you generate as an argos.education User has no monetary value, and we may delete it.
Argos Education cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
This one's important.
11. DMCA Notice
Since we respect artist and content owner rights, it is argos.education's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify argos.education's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Argos Education to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Under the DMCA, you may be held liable for damages based on material misrepresentations in your infringement notice. You must also make a good-faith evaluation of whether the use of your content is a fair use, because fair uses are not infringing. See 17 U.S.C. Section 107 and Lenz v. Universal Music Corp., No. 13-16106 (9th Cir. Sep. 14, 2015). If you are not sure if the content you want to report infringes your copyright, you should first contact a lawyer.
Please note that this procedure is exclusively for notifying argos.education and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with argos.education's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, argos.education has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. argos.education may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think your copyright is being infringed, follow these steps, and we'll do something about it.
12. Third-Party Links and argos.education Apps
The Service may contain:
- Links to third-party apps to install and use on argos.education
- links to third-party websites, advertisers, services, special offers, or other events or activities,
that are not owned or controlled by Argos Education.
We only control argos.education, and we're not responsible for anything on other apps or sites. So, if you follow a link on argos.education to another site, you do so at your own risk. This is what you have experienced at other websites.
You agree to defend, indemnify and hold harmless argos.education and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Third Party Content, or any content that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password, or other appropriate security code.
If Argos Education suffers damages or claims relating to your content, account, or use of the Service or your violation of these terms, any laws, or any other individual's rights, you are responsible for all costs.
14. No Warranty
The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, argos.education, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content, is accurate, reliable, or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Argos Education does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Argos Education service or any hyperlinked website or service, and argos.education will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
You use Argos Education as-is and at your own risk. We don't provide any guarantees with respect to the Service.
15. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Argos Education, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Third Party Content. Under no circumstances will Argos Education be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, argos.education assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (vii) User Content or the defamatory, offensive, or illegal conduct of any third party; and/or (viii) financial loss from purchasing a argos.education subscription from an unauthorized reseller; and/or (ix) loss or deletion of User Content. In no event shall Argos Education, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to argos.education hereunder or $100.00, whichever is greater.
No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.
Notwithstanding anything to the contrary contained herein, argos.education shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Third Party Content, or other content, any additions or combinations of User Content or Third Party Content with other content, or the context in which the User Content, Third Party Content, or other content is used by you.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if argos.education has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from its facilities in the United States. Argos Education makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
We disclaim all liability in connection with your use of the Service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $100.00 or however much you paid to us.
16. Governing Law
You agree that: (i) the Service shall be deemed solely based in Massachusetts; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over argos.education, either specific or general, in jurisdictions other than Massachusetts. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Middlesex County, Massachusetts for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. If you are a consumer, this agreement does not exclude any rights you may have under the national consumer laws of your jurisdiction.
These terms are governed by the laws of Massachusetts but don't exclude your rights under national consumer law. If we need to enforce our Intellectual Property Rights against you, you agree to have the issue resolved only in the courts of Middlesex County, Massachusetts.
For any dispute with argos.education, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that argos.education has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Argos Education claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Middlesex County, Massachusetts , unless you and argos.education agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this agreement, you and argos.education are each waiving the right to a trial by jury or to participate in a class action.
If you have any disagreements, contact us first. We're decent people, but if we can't work it out, then you agree to submit the dispute to arbitration in Middlesex County, Massachusetts (except in certain circumstances relating the protection of Intellectual Property Rights.)
This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by argos.education without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
18.2 Notification Procedures and Changes to the Agreement.
18.3 Entire Agreement/Severability.
This Agreement, together with the
- Contributor Agreement
- Contributor Guidelines
and any amendments and any additional agreements you may enter into with argos.education in connection with the Service, shall constitute the entire agreement between you and argos.education concerning the Service. If any provision of these Terms of Service are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
18.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Argos Education's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at email@example.com with any questions regarding this Agreement.