Welcome to WebAssign. We hope our online instructional tools and content, and other products and services (collectively, the “Services”) made available at WebAssign.com (and WebAssign.net) and other sites operated or controlled by WebAssign (the “Site”) helps you meet your educational goals and objectives. Among other uses, the Services are used by students to enter their answers to class assignments and receive a grade, and by instructors to provide assignments and to communicate with their students.
Acceptance of Terms
Your use or participation in certain Services may be subject to additional terms and policies, which may be presented to you for acceptance when you sign up for those Services, or may otherwise be included in the Site. Such additional terms and policies will be considered part of these TOU.
These TOU apply to all users of the Site and Services, including browsers on the Site who have not yet signed up for Services, and registered users.
You may not use the Services and may not accept these TOU if (a) you are under the age of 13, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services, or (c) you have been barred from the Services by WebAssign without permission to return.
Please contact customer support if you have any questions about these TOU.
- Your account is for your personal use and you are responsible for its use and for keeping it confidential.
- You keep the intellectual property rights for materials you upload to the Services. WebAssign may use these materials only in connection with the Services.
- WebAssign does not provide any guarantees or warranties for the Services, including any Content provided through the Services. You indemnify WebAssign against third-party claims based on your use of the Services.
- WebAssign owns the Services and related software, copyrights, and trademarks. You may use the Services and the Content which you have acquired only in conjunction with an educational course offering in which you are enrolled.
- Some Content is owned by WebAssign’s publishing partners, educational institutions, and individual authors.
- You agree not to use the WebAssign Services for any illegal purposes or in any way contrary to the conduct restrictions in these TOU.
- As online services, the Services are subject to change from time to time without notice to you.
- We may modify these TOU from time to time.
The WebAssign Service
One of our Services is our core WebAssign Service (“WebAssign Service”). The WebAssign Service includes online homework delivery, grading, and assessment functionality, and is available to instructors through paid subscription, for specified classes and time durations. The main purpose of the WebAssign 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 WebAssign Service can also be used for quizzes, tests, labs, and self-study depending on the instructor’s application of the WebAssign Service. In the WebAssign Service, course materials, including, but not limited to, textbooks, questions, answers, multimedia files, and ebooks, are accessible to students between the start and end dates, set by the instructor, of the courses for which access has been purchased. This restriction applies to single-semester access, multi-semester access, and Lifetime Of Edition access (“Lifetime of Edition” means that the student has access to course materials whenever that student is enrolled in a course within the same institution where the same edition of such materials is being used).
The WebAssign Service enables instructors to post online class discussion, internal communications, grades, schedules of class events, class notes, and syllabi. WebAssign may, with or without notice to you, offer other features with the WebAssign Service and any other Services in the future, or change or eliminate current features, at any time. All of the features of the Services are subject to these TOU.
You agree that WebAssign is in no way responsible or liable for any grade or assessment you may receive through or otherwise related to the WebAssign Service or any other of our Services.
Use of Account
To use the Services, you will need a username and password. Certain Services may also require an institution code. Student usernames and passwords may be provided to WebAssign by the instructor (or, if the instructor chooses and if available, by self-enrollment functionality). WebAssign determines any applicable institution code. You should change your password before starting to use the Services, to prevent unauthorized access to your assignments. To facilitate communication between WebAssign and its users, and for retrieval of login information, we use email addresses.
If your account has been set up by your instructor or other administrator, your instructor or administrator may be able to access or disable your account.
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or transfer your account.
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. If you are a minor, WebAssign reserves the right to provide access to your account to your parent, guardian or other authorized adult, upon such adult’s request.
Any software, material, information, data, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other materials and content (“Content”) that you upload or otherwise make available in the Services remains your sole property or the property of your licensors. You represent and warrant that you own or have the full right to provide such Content for use in connection with the Services, and that such Content does not infringe any third-party intellectual property rights.
The Services may let you specify, or you may otherwise agree with WebAssign, that certain Content uploaded by you or provided by you to WebAssign for use with the Services is available for sharing to other users of the Services (“Shared Content”). You may be able to specify that Shared Content is generally available for use by all other Services users, or only to the Services users that you specifically allow to use the Shared Content. Unless other terms are agreed between you and WebAssign, you grant WebAssign, the perpetual royalty-free, non-exclusive, world-wide, and transferable right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit your Shared Content to other users of the Services. You also grant any other user of the Services, subject to the type of sharing you have chosen, the royalty-free, non-exclusive, world-wide, right to use, access, view, store, modify, perform, display, and reproduce your Shared Content as part of such user’s use of the Services.
WebAssign does not adopt, endorse, or accept responsibility for any third-party Content. Under no circumstances will WebAssign be liable for any loss or damage resulting from your reliance on Content available through the Services.
WebAssign reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from the Services. WebAssign may use software to do this. In addition, commercially available services and software may be used to limit access to material that may be objectionable. You are solely responsible for maintaining backup copies of Content you upload in connection with the Services.
After termination of any Service, WebAssign does not have any obligation to either destroy or retain any Content relating to your use of such Service. It is your responsibility to export any such data prior to termination.
Certain parts of the Services and associated Content are available for a fee. All fees paid are nonrefundable and are quoted in U.S. dollars.
You are responsible for paying all administrative fees (such as PayPal fees), governmental fees and applicable taxes associated with the Services and any transactions entered in connection with the Services. If your payment method fails or your account is past due, WebAssign may collect fees owed using other collection mechanisms, at your expense.
You acknowledge that the Services, all underlying technology used in connection with the Services, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Services are owned by WebAssign or third-party providers and are protected by copyright. WebAssign and its third-party providers retain and own all right, title, and interest in and to the Services and the Content, including all associated intellectual property rights. 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.
You are granted a non-exclusive, personal right to use the Services and Content which you have acquired. The WebAssign Service may be used only in conjunction with an educational course offering in which you are enrolled. We encourage you to download and print or save a reasonable number of copies of Content for noncommercial personal or educational use only. You acknowledge that you do not acquire any intellectual property rights in such Content by downloading, modifying, or printing the Content.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Content. You agree that in using the Services, you will not use any trademark (including any 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 or logos. You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software used to provide the Services or any part thereof, unless this is expressly required by law.
If you believe that any Content on the Site constitutes copyright infringement, please notify WebAssign immediately of the infringing Content and provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your notice of claim of copyright infringement can be sent by contacting customer support or by mailing or faxing your claim to the following address:
1791 Varsity Drive, Suite 200
Raleigh, NC 27606
Upon our receipt of a proper notice of claimed infringement, WebAssign will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.
The Site and Services may include public and/or private message forums, chat areas and other collaboration tools (“Collaboration Tools”). WebAssign disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in any Collaboration Tools, nor are we responsible for any errors or omissions in such messages, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these Collaboration Tools. The opinions expressed in Collaboration Tools are solely the opinions of the participants, and do not reflect the opinions of WebAssign.
Some links on the Site and/or the Services may lead to sites posted by independent website 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. Reference to other companies does not imply any partnership, joint venture, or other legal connection where WebAssign would be responsible for the actions of their respective owners.
You may only access the Services and related Content through the interface provided by WebAssign and 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 Services, including the Family Educational Rights and Privacy Act and the regulations promulgated thereunder and other laws and regulations relating to the privacy and protection of individually identifiable data. You represent, warrant, and agree that you will not:
- Use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to any third-party claim or otherwise violate any local, state, federal, or international law or regulation, including, but not limited to, export control laws and regulations; or
- Upload, post, email, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content; or
- Upload, post, email, or otherwise transmit any Content for use with the Services that infringes or violates any intellectual property right, privacy right, or other right of any third party; or
- 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 Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
- Access (or attempt to access) any part of the Services or associated Content through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of the Services or the Site; or
- Use the Services for any phishing, trolling, or similar activities; to redirect users to other sites or encourage users to visit other sites; harvest or collect email addresses or other contact information of other users from the Services by automated or other means; or
- Impersonate or attempt to impersonate WebAssign or a WebAssign employee, another user, or any other person or entity; or post any information that misrepresents the identity, characteristics or qualifications of you or any other person, including but not limited to the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present; or
- “Frame” or “mirror” any part of the Services or the Site. You also shall not use metatags or code or other devices containing any reference to WebAssign or the Services in order to direct any person to any other web site for any purpose.
WEBASSIGN IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SERVICES AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES 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 THE SITE AND SERVICES 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.
THE SITE 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.
Limitation of Liability
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 OR USE THE SITE OR 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 CAUSED BY ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WEBASSIGN’S RECORDS, PROGRAMS, OR SERVICES. IN ADDITION, WEBASSIGN AND ITS SUPPLIERS’ LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO: (A) THE AMOUNT YOU PAID FOR USE OF THE SERVICES DURING THE PRIOR SIX (6) MONTHS IF YOU MADE SUCH A PAYMENT TO WEBASSIGN; AND (B) FIFTY DOLLARS (USD $50.00) IF YOUR USE OF THE SERVICES WAS PROVIDED FREE OF CHARGE. 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.
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 the Services;
- Your use of the Services;
- Any grades or assessments you receive through use of the Services;
- Your connection to the Services; and
- Your breach of any representation, warranty, or covenant under these TOU.
WebAssign®, pencilPad®, chemPad®, calcPad®, physPad®, Personal Study Plan®, and Signature Coursepack® are registered trademarks of WebAssign. NumberLine and PlaceU are trademarks of WebAssign. All other trademarks, service marks, trade dress, and logos used or referred to in the Services are the trademarks, service marks, trade dress, and logos of their respective owners. Nothing in these TOU gives you a right to use any of WebAssign’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
WebAssign controls and operates the Services from its headquarters in the United States and makes no representation that the Services or the Content is appropriate or available for use in other locations. If you use the Services 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 Services are solely directed to individuals, companies, or other entities located in the United States.
Privacy and Security
Modifications to the Service
WebAssign reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services 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 Services.
You may discontinue your participation in and access to the Services at any time. These TOU will continue to apply to all past use of the Services by you, even if you are no longer using the Services. You acknowledge and agree that WebAssign may terminate, suspend, or block your use of all or part of the Services, without prior notice for any reason, including, without limitation, if WebAssign believes you have engaged in conduct prohibited by these TOU. You agree that upon termination or discontinuance of your participation in the Services for any reason, we may delete all information related to you on the Services and may bar your access to and use of the Services.
In order to protect the integrity of the Services, WebAssign reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to WebAssign relating to modifying or improving the Services (“Feedback”), whether solicited or unsolicited, are non-confidential and shall become WebAssign’s sole property. WebAssign may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow rights to be transferred as described above, you hereby grant to WebAssign a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.
Changes to These TOU
WebAssign may change these TOU from time to time. When these changes are made, WebAssign will make a new copy of these TOU available at the Site and through the Services. You understand and agree that your use of the Services after the date on which these TOU have changed constitutes acceptance of the updated TOU.
These TOU are entered into in the State of North Carolina and shall be construed in accordance with the laws of North Carolina, exclusive of its conflicts of law rules. Each party to these TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of North Carolina, Wake County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, you agree that WebAssign may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. In any action to enforce these TOU, the prevailing party will be entitled to costs and attorney fees.
In the event that any provisions of these 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.
The failure of WebAssign to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision.
Both you and WebAssign acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between you and WebAssign by your use of the Services, and neither you nor WebAssign have the power or the authority to obligate or bind the other.
WebAssign shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other act of God.
These TOU constitute the entire understanding between the parties pertaining to its subject matter, and any prior written or oral agreements between the parties are expressly superseded. Any FAQs or similar documents found on the Site are for informational purposes only and are not deemed to be part of these TOU.
If you have any questions about these TOU please contact WebAssign.