Introduction
Welcome to WebAssign. We hope our assessment service helps you meet your educational goals and objectives. WebAssign is used by students to enter their answers to class assignments and receive a score and by instructors to provide assignments and communications with their students. We provide this service to you subject to the following Terms of Use (TOU).
By accessing and using our service, you are agreeing to your acceptance, without limitation or qualification, these TOU. If you do not agree with these TOU, you may not access or use WebAssign.
The WebAssign Service
WebAssign (the "Service") is an online homework delivery, grading, and assessment service available to instructors through paid subscription for specified classes and time durations. The purpose of the Service is to provide instructors with a secure, accessible platform in which to assign and grade homework in order to assess student performance and comprehension. The Service can also be used for quizzes and testing depending on the instructor's application of the system.
The Service enables instructors to post of online class discussion, internal communications, grades, schedule of class events, class notes, and syllabi. We may offer other features in the future, or change or eliminate current features at any time. All of the features of the Service are subject to these TOU.
Use of Account
To use the Service, you will need a username, institution, and password. Student usernames are provided to WebAssign by an instructor, the institution name is determined by WebAssign, and the initial password is provided by the instructor. You should change your password before starting to use the Service to prevent unauthorized access to your assignments. To facilitate communication and for retrieval of a new password, we use email addresses.
You are solely responsible for maintaining the confidentiality of your username and password. Furthermore, you are responsible for all activities, charges, and liabilities associated with your account. You must immediately notify WebAssign of any unauthorized use of your account. In the event that you are a minor, WebAssign reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request.
Content
Any content that you upload or otherwise make available in the Service remains your sole property or the property of your licensors. If you mark any of your content public domain (Public Domain Content) in the Service, you automatically grant and/or warrant that the owner has granted WebAssign, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the Public Domain Content through the Service. You also permit any other user of the Service, subject to your restrictions, to access, view, store, and reproduce the Public Domain Content to the same extent permitted herein.
Copyright
You acknowledge that the Service, any underlying technology used in connection with the Service, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Service are provided by WebAssign or third-party providers and are protected by copyright. You may not store any significant portion of any Content owned by, or licensed to WebAssign in any form, whether archival files, computer-readable files, or any other medium.
We encourage you to download and print a reasonable number of copies of Content for noncommercial personal or educational use only. You acknowledge that WebAssign and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading, modifying, or printing the Content.
Internet Links
Some links on the Service lead to sites posted by independent site owners. Because WebAssign has no control over these sites, WebAssign is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, WebAssign shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between WebAssign and the linked sites. WebAssign is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where WebAssign would be responsible for the actions of their respective owners.
Conduct
You may only access the Service for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Service. You agree that you will not:use the Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations;
upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; or
interfere with or disrupt the service or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
Warranty Limitations
WEBASSIGN IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN WEBASSIGN AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN WEBASSIGN FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS.
YOU AGREE THAT YOUR ACCESS TO WEBASSIGN AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER WEBASSIGN, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
WEBASSIGN AND THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL WEBASSIGN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WEBASSIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS WEBASSIGN OR USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WEBASSIGN'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES WEBASSIGN'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold WebAssign, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, email, or otherwise transmit through WebAssign, your use of the Service, your connection to the Service, or your breach of the TOU.
Trademarks
WebAssign® are a registered service mark of North Carolina State University under license to Advanced Instructional Systems, Inc. (WebAssign). pencilPoint®, chemPad®, calcPad®, physPad®, and statPad® are registered trademarks of WebAssign. All other trademarks, service marks, trade dress, and logos used in the Service are the trademarks, service marks, trade dress, and logos of their respective owners.
Local Laws
WebAssign controls and operates the Service from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use the Service from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Modifications to the Service
WebAssign reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. You agree that WebAssign will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Termination
You may discontinue your participation in and access to the Service at any time. The TOU will continue to apply to all past use of the Service by you, even if you are no longer using them. You acknowledge and agree that WebAssign may terminate or block your use of all or part of the Service, without prior notice for any reason, including, without limitation, if WebAssign believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Service and may bar your access to and use of the Service.
General
By accessing the Service, you agree to the above stated TOU. This Agreement is entered into in the State of North Carolina and shall be construed in accordance with the laws of North Carolina, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of North Carolina, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. This TOU and any posted guidelines or rules applicable to certain services within the Service constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.
If you have any questions about this Agreement, you may contact:
WebAssign
1730 Varsity Drive, Suite 200
Raleigh, NC 27606