Effective Date: August 23, 2021
Your visit to this Site and use of the Sprocket Services is subject to these Terms. By visiting the Site or using the Sprocket Services, you agree to these Terms, which may be updated by us at any time with or without notice to you. The Effective Date of the most up to date Terms will be provided at the top of each document, respectively. Any such changes will be effective upon posting. If you do not agree with these Terms, you should not use the Site.
1. Using Sprocket and User Account
You are responsible for your use of the Sprocket Services. All use of the Sprocket Services must be in compliance with these Terms and all applicable laws. When you create your Sprocket account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited. In order to establish a Sprocket account, you must provide your real first and last name, and a valid email address. You must also select at least one Course that you would like to request access to.
Your account with LER (and use of the Sprocket Services) gives you access to the Sprocket Services and the 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 are accepting these Terms and using the Sprocket Services on behalf of a company, organization, government, or other legal 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 these Terms, and that you agree to these Terms on the entity’s behalf. You may use the Sprocket Services only in compliance with these Terms, any agreement entered into by your institution relating to the Sprocket Services, and all applicable local, state, national, and international laws, rules and regulations.
2. Uses of Our Site and Content
All content and information, and all trademarks, logos, copyrights, and other intellectual property displayed on the Site is owned by LER or their respective owners. By visiting this Site or using the Sprocket Services, you agree to the following with respect to the content and information on the Site or Sprocket Services (the “Content”):
- LER grants you a limited, revocable, nonexclusive, and nontransferable right to view, store, bookmark, download, copy and print pages from the Site for your personal, or educational, and noncommercial use only.
- You agree not to copy portions of the Site (e.g., using bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site, or restrict or inhibit any others from using the Site.
- You will not remove or obscure any copyright or other notices or legends contained in any Content.
- You may not exploit any of the Content commercially, or send or forward any Content to any third party, except as otherwise provided above, without our prior written consent.
- If you link other websites to this Site, you may not imply or suggest that LER has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.
- You may not (and may not encourage or assist others to) access or use the Site or Services in any way that violates any law, regulation, rule (including orders by governmental authorities) or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site.
- You may not delete, decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of this Site.
- You may not transmit any virus, worm, time bomb, or similar system interference through this Site.
- You may not disable, override, or otherwise interfere with operation of the Site or Sprocket Services, or any LER implemented communications to end users, consent screens, user settings, alerts, warning, or the like.
- You may not attempt to cloak or conceal your identity when accessing the Site.
- You may not impersonate or attempt to impersonate LER, LER employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- You may not engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or Services, including engaging in any conduct that LER, in its sole discretion, deems may harm LER.
- You may not place an undue burden on the infrastructure hosting the Site or Services, including via a denial-of-service attack or a distributed denial-of-service attack.
3. Intellectual Property License to You
4. Your Content
The Sprocket Services enable you to share your content, such as files you upload, posts you make in the forums, and the like ("User Content"), with LER and other users. You are responsible for the User Content that you post to the Site, and any consequences thereof. The User Content you submit, post, or display may be viewed by other users of the Sprocket Services. You may be able to control the User Content that other users of certain Sprocket Services may access through the privacy options in certain Sprocket Services.
You retain your rights to any User Content you submit, post, or display on or through the Sprocket Services. By submitting, posting or displaying User Content on or through the Sprocket Services, you grant LER a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, display, and/or distribute such User Content in any and all media or distribution methods (now known or later developed) as part of providing any of the Sprocket Services. You agree that this license includes the right for LER to provide, promote, and improve the Sprocket Services and to make User Content submitted to or through the Sprocket Services available to other institutions or individuals as part of providing the Sprocket Services (including after termination of your use of the Sprocket Services). You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. We may not monitor or control the User Content posted via the Sprocket Services, and we do not take responsibility for such User Content. Any use or reliance on any User Content or materials posted via the Sprocket Services or obtained by you through the Sprocket Services is at your own risk.
Further, in connection with the User Content you submit, post, or display on or through the Sprocket Services, you affirm, represent, and warrant the following: (a) you have the written consent of each and every natural person who is identifiable in the User Content, if any, to use such person’s name or likeness in the manner contemplated by any Sprocket Services and these Terms, and each such person has released you from any liability that may arise in relation to such use; (b) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties; (c) your User Content and LER’s use thereof as contemplated by these Terms and any Sprocket Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; and (d) LER may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement, licensing arrangement or otherwise.
5. Notice of Copyright Infringement
LER respects the intellectual property rights of others and expects users of the Sprocket Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our designated copyright agent for notice of alleged copyright infringement appearing on the Products is:
6. Third Party Applications and Devices
The Site and Sprocket Services are integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") to make the Sprocket Services available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that LER does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications, nor does LER warrant the compatibility or continuing compatibility of the Third Party Applications with the Sprocket Services.
7. Right to Monitor
LER has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you and we may at any time revoke your right to use all or any portion of the Site. LER may investigate any complaint regarding suspected violations of these Terms, and may report any activity relating to this Site to regulators, law enforcement officials, or other persons or entities that it deems appropriate.
8. Passwords; Security
Access to certain areas of the website may require registration with both a user name and a password (“User Information”), as well as provision of certain registration information, which must be accurate. You are responsible for maintaining the confidentiality of your User Information. You agree not to use another person’s User Information or select User Information: (a) with the intent to impersonate another person; (b) in violation of the intellectual property rights of another person; or (c) that LER, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, gender, language, religion, political belief, national or social origin, property, birth, or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by LER. Failure to comply with the foregoing shall constitute a breach of the Agreement, which may result in immediate suspension or termination of your User Information. LER will not be liable for any loss or damage arising from your failure to comply with these obligations. LER reserves the right to delete or change User Information at any time and for any reason. LER will not be liable for any content you post on the Site or the Sprocket Service.
We may suspend or terminate your accounts or cease providing you with all or part of the Sprocket Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Sprocket Services is no longer commercially viable. In such a termination event, the license granted hereunder shall automatically terminate.
Further, if you stop using the Sprocket Services for more than 180 days, your accounts may be deleted and LER assumes no responsibility for Content deleted following inactivity. If you wish to delete your Sprocket Services account in its entirety, you may contact us via firstname.lastname@example.org and specify which LER account you wish to delete. We will delete your specified accounts within a reasonable time, unless prohibited by law.
Nothing in this Section shall affect LER’s rights to change, limit, or stop the provision of the Sprocket Services without prior notice.
10. International Use
The Site is operated and controlled by us in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. LER makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. LER makes no representations that the transactions or services discussed on or accessible through the Site are available or appropriate for use in all jurisdictions or by all users. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules, and regulations.
11. Linked Sites
12. Transmission To and From the Site
Any communication that you send to the Site is and will be deemed to be non-confidential as between you and other users or you and us, and LER will be free to use (or not use), modify, reproduce, and distribute such communication for any purpose without compensation to you.
13. Disclaimers; Limitation of Liability; Indemnity
LER, its affiliates, and their respective officers, directors, managers, partners, members, shareholders, employees, volunteers, affiliates, and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, Sprocket Services, and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery. Your use of the Site, the Sprocket Services, and the Content is on an “as is” and “as available” basis. LER and its affiliates do not warrant the accuracy, adequacy, or completeness of the information and materials contained on this Site, in the Sprocket Services, or in the Content, and we expressly disclaim all liability for errors or omissions in such materials or information.
To the fullest extent allowed under applicable law, in no event shall LER, its affiliates, or their Related Persons be liable to any party for any claims, liabilities, losses, costs, or damages under any theory, including, but not limited to, any direct, indirect, punitive, special, incidental, or consequential damages arising out of, or in connection with, any access, use (or inability to use), or distribution of the Site, or any Content therein. This is true even if LER has been advised of the possibility of such damages or losses.
To the fullest extent allowed by applicable law, you agree to indemnify and hold LER, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Site, Sprocket Servicers, or Content, or (b) your violation of these Terms.
To the extent permitted by applicable law, your use of the Site constitutes your consent to receive all communications from us, including notices, agreements, legally required disclosures, or other information in connection with the Site or materials or services provided (collectively referred hereafter as “Notices”) electronically. We will provide such electronic Notices by posting them on the Site and/or through email or other electronic means (if we have your contact information). The delivery of any such Notice is effective when posted, regardless of whether you read the Notice. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Site.
You and LER agree that these Terms are the complete and exclusive statement of the mutual understanding between you and LER and supersede all prior agreements and understandings relating to such subject matter.
15. Governing Law; Waiver
The laws of the State of California govern these Terms, without regard to conflicts of law provisions thereof.
If any provision of this agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect.
The failure of LER to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. Any waiver of this agreement by LER must be in writing and signed by an authorized representative of LER.
If you have any questions or comments about these Terms, please contact us at:
Lucas Education Research