Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Campus Online Inc – dba Education Resource Group (“Provider”) website located at the domain name www.ERGAnalytics.com or www.EducationResouceGroup.com (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

License to use website

Unless otherwise stated, the Provider owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use within the licensing organization, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website outside of your organization;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or
• redistribute material from this website*

*Where content is specifically made available for redistribution, it may only be redistributed within your licensing organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Provider’s express written consent.

You must not use this website for any purposes related to marketing without the Provider’s express written consent.

Restricted access

The Provider reserves the right to restrict access to areas of this website, or indeed this entire website, at the Provider’s discretion.

If the Provider provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

[The Provider may disable your user ID and password in the Provider’s sole discretion without notice or explanation.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. The Provider makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, the Provider does not warrant that this website will be constantly available.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Copyright and Intellectual Property Rights

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third-party owners of such content, and includes but is not limited to Literary Works, Analytical Tools, and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third-party owner of such rights (“the Owners”), and is protected by United States of America and International copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Other parties

You accept that, as a limited liability entity, the Provider has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Provider’s officers or employees in respect of any losses you suffer in connection with the website.

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Provider’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Provider.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify the Provider and undertake to keep the Provider indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Provider to a third party in settlement of a claim or dispute on the advice of the Provider’s legal advisers) incurred or suffered by the Provider arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to the Provider’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Provider may take such action as the Provider deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The Provider may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

The Provider may transfer, sub-contract or otherwise deal with the Provider’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Data Sharing Agreement, constitute the entire agreement between you and the Provider in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the United States of America, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Montgomery, Texas.

09-01-2019