LOYOLA PRESS DIGITAL CURRICULUM USER AGREEMENT

This User Agreement (“Agreement”) is between Loyola Press, a division of the Chicago Province of the Society of Jesus (“we”, or “us”) and the school or other organization on whose behalf you are entering into this Agreement (“you”). By accessing the Content (as that term is defined below), you (a) represent that you are at least 18 years of age (or at least the age of majority in your jurisdiction) and that you have the authority to enter into this Agreement, and (b) agree to be bound by the provisions of this Agreement.

Grant of License

Subject to the provisions of this Agreement, we grant to you, for the term set forth below, a limited, revocable, nonexclusive, nontransferable right to access, and to allow your enrolled students to access, certain content that we make available to you (the “Content”). You and your enrolled students may access the Content only through the technical means that we provide, support and authorize (e.g., web browser). Neither you nor your enrolled students may copy, modify, publicly display or distribute the Content. You and your enrolled students may exercise the rights granted to you in this Agreement only in connection with the receipt of educational instruction. As between you and us, we retain all ownership of the intellectual property, including copyright, embodied in the Content. We may apply digital rights management technology to the Content, and you agree not to circumvent any such measures in order to access or otherwise use the Content. We reserve all rights that we do not expressly grant to you in this Agreement.

Term

The term of this Agreement (and the term of the license granted in the previous paragraph) will be for that duration you select during the checkout process when you purchase access to the Content. We may terminate this Agreement, including your license to the Content, without refund, immediately upon your breach of any of the provisions of this Agreement or in the event you use the Content in a way that we have not expressly authorized.

Responsibility for Users

You agree to be fully responsible for all access and use of the Content by your enrolled students, and will not authorize any other party to access or use the Content in any way. You agree to notify your students of their obligations to use the Content only in the manner authorized by this Agreement, and to implement appropriate rules and regulations to ensure your enrolled students’ compliance with these requirements. You will remain entirely responsible for compliance with all laws, regulations and procedures pertaining to the provision of the Content to your enrolled students, including but not limited to those concerning privacy of minors’ personally identifiable information.

Disclaimer

WE PROVIDE THE CONTENT AND RELATED SERVCIES “AS IS,” AND NEITHER WE NOR OUR EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT FOR THE DELIVERABLES OR HOSTING SERVICES PROVIDED UNDER THIS AGREEMENT. WE EXPRESSLY DISCLAIM ANY SUCH WARRANTIES.

Limitation of Liability

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR RECEIPT OF THE CONTENT, WHETHER OR NOT FORESEEABLE AND WHETHER OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold us harmless against any claims, damages, lawsuits and losses arising from the misuse of the Content by your enrolled students or any third party accessing or using the Content in a manner we do not authorize by this Agreement, and against any third party claim otherwise arising from or related to your breach of this Agreement.

Incorporation of Other Terms

The general Loyola Press Terms and Conditions and the Loyola Press Privacy Policy are hereby incorporated by reference into this Agreement. The provisions of those documents will apply to the extent the matters addressed in them are not specifically addressed in this Agreement; the provisions of this Agreement will otherwise apply.