January 12, 2021

CCI Learning Solutions Inc. and its affiliates (“CCI”, “us”, “we” or “our”) terms of services as used in these CCI Terms of Use (“Terms”) refer to the products and services, websites, content, databases, software, technologies, and tools (“Services”) delivered by CCI and that link or refer to these Terms or that are delivered through a website or server or service that links or refers to these Terms.

Your access to and use of the Services is based on your acceptance of and compliance with these Terms, which apply to all visitors, users and others who access or use the Services.

Please read these Terms carefully before using the Services.

By accessing or using the Services you agree to be bound by these Terms and accept all legal consequences. If you do not agree to the Terms, in whole or in part, please do not use the Services.

By accessing, browsing, registering for, and/or using any Service, or by accepting these Terms through an “I Accept” checkbox or similar method, you acknowledge that you have read, understood, and agree to be bound by and comply with all terms in this statement. You may also agree to these Terms by physically or electronically signing an Order (as defined below) that incorporates these Terms. These Terms, along with any Order, form a legally binding agreement between you and CCI.

These Terms apply exclusively to your use of the Services and do not alter the terms or conditions of any other agreement you may have with us.

The use of certain of our Services may be subject to added terms and conditions which may be presented before purchase or use.

If you are accepting these Terms on behalf of another organization or entity, you represent that you are duly authorized to bind that organization or entity to these Terms.

We are committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. Please read the CCI Statement of Privacy (“Statement of Privacy”). The Statement of Privacy applies to the CCI website and the Services we provide and governs data collection and usage. To the extent provided by law, by agreeing to these Terms, you consent to the data practices described in the Statement of Privacy. In some cases, we will provide separate notice and request you consent as referenced in the Statement of Privacy.

Jasperactive/XperienceED accounts are for personal noncommercial purposes only. You may not authorize others to use your account, and you may not assign or transfer your account.

You must keep your username and password confidential. You are responsible for all activities and liabilities associated with your account. You agree to immediately notify CCI of any unauthorized use of your account of which you are aware.

Jasperactive/XperienceED versions and updates are optimized for use with the specified application software version and build. Please visit our Change Log web page located on our support site and be sure to stay up to date with Jasperactive and XperienceED Technical Requirements.

This Section applies only if an applicable Order specifies that you are acquiring a Service subscription for an institution.

Subject to your payment of the applicable fees and taxes, you may authorize your students, faculty, and administrative staff (collectively, “Authorized Users”) to access and use the applicable Service for non-commercial educational or instructional use, on condition that those Authorized Users accept these Terms before or during their first use of that Service. For Licenses that include a limit on the number of Authorized Users, Authorized Users includes all individuals authorized to use the Service, regardless of whether any such individual is actively using that Service at a particular time. You shall ensure that Authorized Users and any other person that uses the Service through the use of your account comply with these Terms and the Supplementary Terms. You shall take all reasonable precautions necessary to safeguard against unauthorized access and use of the Service through your account, including ensuring that an Authorized User ceases use of the Service after that Authorized User is no longer associated with your institution.

By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you are the parent or legal guardian of a minor who creates an account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of such account or Services, including purchases, whether the minor’s account is now open or created later.

By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

• Do not do anything illegal.
• Do not engage in any activity that exploits, harms, or threatens to harm anyone.
• Do not engage in activity that is fraudulent, false or misleading (e.g. impersonating someone else, manipulating the Services to increase test scores, or affect rankings, ratings, or comments).
• Do not circumvent any restrictions on access to or availability of the Services.
• Do not engage in activity that is harmful to you, the Services, or others (e.g. transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
• Do not engage in activity that violates the privacy of others.
• Do not help others break these rules.

If you violate these Terms, we will stop providing Services to you or we may close your account.

We are committed to ensuring our courseware mirrors the associated application to the fullest extent possible. Although we are vigilant about ensuring the highest level of accuracy in our courses, we do not guarantee that software updates will not render portions of the content inaccurate. We strive to address relevant software updates on a yearly basis (for the most current version of the software only).

Software vendors that we work with to bring our users the best using experience in courseware are constantly working on improvements and refinements into their applications. New features, new functionality and revised user interfaces are developed and pushed out to users periodically. While this means you get the latest functionality, it also means your application may differ from the provided learning content. For instance, the appearance of the interface or the exact sequence of steps required to perform particular tasks may have changed since the time of writing. In such cases, use the listed steps as a guideline, make adjustments as required, and check our web site periodically for courseware updates.

The information in CCI’s courseware was accurate at the time of publishing and is distributed on an “as is” basis, without warranty. While every precaution has been taken in the preparation of these Services, neither the author nor CCI shall have any liability to any person or entity with respect to any liability, loss, or damage caused or alleged to be caused directly or indirectly by the instructions contained in these Services or by the computer software and hardware products described therein.

The reader is expressly warned that software vendors we work with and develop courseware for may change, update, or enhance the product and/or program described herein at any time.

All examples and references in our courseware are fictitious, the dates, screen captures, tax tables and other content may vary at time of use.

We may seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms and our Services, including the right to block access from a particular Internet address to the Services.

All trademarks, service marks and logos on the Services are the property of their owners. We own various trademarks, service marks and logos used on the Services, including Jasper Learning, XperienceED and Jasperactive.

Unauthorized use of any trademarks, service marks or logos used on the Services may be a violation of national and international trademark laws. You must obtain our written permission before using any of our trademarks, service marks or logos.

This Service is protected by Canadian, U.S., and international copyright laws. You may not modify, reproduce, or distribute the design or layout of the Services or individual sections of the design or layout of the Services or our logos without our prior written permission.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU “AS-IS AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the site is free of viruses.

WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability is limited to the fullest extent permitted by applicable law.

The Services do not contain any links to outside sites other than links to such additional external products that you, as our customer, have purchased and which has been accordingly linked to your Jasperactive or XperienceED Service.

We may modify the Services and the rules and regulations governing their use, at any time. We will post modifications in the Services’ terms of service and revise the “last updated” date at the top of its page. Changes are effective once the revised information is posted on the Site. Your continued use of the Site after any such changes are posted constitutes acceptance of those changes.

We may make changes in the products and services that are considered Services at any time.

The Services or material or products offered through the Services may be unavailable from time to time, maybe offered for a limited time, or may vary depending on your region or device.

We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Jasper is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your content or data that you’ve stored.

Technical support for some Services is available on the CCI Learning support site.  Certain Services may offer separate or additional customer support, subject to the terms available with their sale.

When there’s something we need to tell you about a Service you use, we’ll send you or your Institution’s contact Service notices, for a contact email address or phone number you gave us in connection with your Jasper account. We may also send you Service notifications by other means (for example by in-product messages).

If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we will delete data or your content associated with your Service or will otherwise disassociate it from you and your Jasper account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Services (or your content or information) that you’ve stored on those Services.

These Terms and any claims relating to the information available on this site are governed by the laws of British Columbia and the laws of Canada enforceable in British Columbia.

We operate our web site from our offices and third-party hosting services within Canada. We make no representation that the information in our web site is appropriate or available for use in other locations, and access to our web site from territories where the contents of our web site may be illegal is prohibited. Those who choose to access our web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.