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AGREEMENT BETWEEN YOU AND COOPERATIVE VENTURES OF INDIANA,
CORP. (mobiuslearning.com Last Updated Date: June 1, 2017 PLEASE READ THIS
TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS
WEBSITE OR ANY OTHER WEBSITES OF COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.com)
(COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES ENABLED
VIA THE WEBSITE (THE “SERVICES”) BY COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.com)
OR USERS OF THE SITE (“USERS”), CLICKING THE “I ACCEPT” CHECK BOX, OR MERELY
BROWSING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE
TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY
NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. THESE TERMS INCLUDE A CLASS
ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES. The Services include, but are not limited
to, a learning management system that entities (“ENTITIES”) may subscribe to
and provide to their instructors and learners (“INSTRUCTORS” and “LEARNERS”) in
connection with courses (each, a “COURSE”). Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) provides an account that enables a designated User
to manage the Services, manage Learner and Instructor access to the Services,
and provide general support on behalf of an Entity. “User” means any user of
the Services, including Learners, and Instructors. PLEASE NOTE THAT THE TERMS
ARE SUBJECT TO CHANGE BY COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.com)
IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Cooperative Ventures
of Indiana, Corp. (mobiuslearning.com) will make a new copy of the Terms
available at the Website. We will also update the “Last Updated” date at the
top of the Terms. If we make any material changes, and you have registered to
use the Services, we will also send an e-mail to you at the last e-mail address
you provided to us. Any changes to the Terms will be effective immediately for
new Users of the Website or Services and will be effective thirty (30) days
after posting of notice of such changes on the Website for existing User.
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) may require you to
provide consent to the updated Terms in a specified manner before further use
of the Website or the Services is permitted. If you do not agree to any
change(s) after receiving a notice of such change(s), you shall stop using the
Website and/or the Services. Otherwise, your continued use of the Website
and/or the Services constitutes your acceptance of such change(s). PLEASE
REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. 1. USE OF THE
SERVICES AND COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PRODUCTS. The Website, the Services, and the information and content made
available (“CONTENT”) by Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
on the Website and in the Services (collectively, the “COOPERATIVE VENTURES OF
INDIANA, CORP. (mobiuslearning.com) PRODUCTS”) are protected by copyright laws
throughout the world. Subject to the Terms, Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) grants you a limited license to reproduce portions
of the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products for
the sole purpose of using the Services for your personal purposes or, in the
event you are an Instructor, your educational purposes. 1.1 CERTAIN
RESTRICTIONS. The rights granted to you in the Terms are subject to the
following restrictions: (a) you shall not license, sell, rent, lease, transfer,
assign, reproduce, distribute, host or otherwise commercially exploit the
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products, (b) you
shall not use framing techniques to enclose any trademark, logo, or other
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products; (c) you
shall not use any metatags or other “hidden text” using Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com)’s name or trademarks; (d) you shall not
modify, translate, adapt, merge, make derivative works of, disassemble, decompile,
reverse compile or reverse engineer any part of the Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) Products except to the extent the foregoing
restrictions are expressly prohibited by applicable law; (e) you shall not use
any manual or automated software, devices, or other processes (including but
not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools,
or the like) to “scrape” or download data from any web pages contained in the
Website; (f) except as expressly stated herein, no part of the Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) Products may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means; and (g) you shall not remove or
destroy any copyright notices or other proprietary markings contained on or in
the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products. Any
future release, update or other addition to the Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) Products shall be subject to the Terms.
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com), its suppliers and
service providers reserve all rights not granted in the Terms. Any unauthorized
use of the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products
terminates the licenses granted by Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
pursuant to the Terms. 2. REGISTRATION. In order to access certain features of
the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products you
must create an account (“ACCOUNT”). Certain features are only available to
Administrator or Instructor Accounts. 2.1 ADMINISTRAOR / INSTRUCTOR ACCOUNTS.
If you an Administrator or Instructor, Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
will provide you with access to an Administrator or Instructor Account,
provided that you (1) provide any necessary information about you and/or your
school when registering the Account (“REGISTRATION DATA”) and (2) accept the
Terms for using your Administrator or Instructor Account. You will be
responsible for any activities, including any violation of the Terms that occur
under Student Accounts created using your Administrator or Instructor Account.
2.2 LEARNER ACCOUNTS. To create a Learner Account, you must (1) specify the
number of learner accounts, (2) provide us changes to learner accounts, and (3)
accept the Terms. 2.3 REGISTRATION DATA. In registering for the Services, you
agree to (1) provide true, current, and complete Registration Data; and (2)
maintain and promptly update the Registration Data to keep it true, current,
and complete. You are responsible for all activities that occur under your
Account. You may not share your Account or password with anyone, and you agree
to notify Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
immediately of any unauthorized use of your password or any other breach of
security. You agree not to create or access an Account using a false identity
or information, or on behalf of someone other than yourself. You agree that you
shall not have more than one Account at any given time. You agree not to create
an Account or use the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products if you have been previously removed by Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com), or if you have been previously banned from
any of the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products. 2.4 NECESSARY EQUIPMENT AND SOFTWARE. You must provide all equipment
and software necessary to connect to the Cooperative Ventures of Indiana, Corp.
(mobiuslearning.com) Products, including but not limited to, a mobile device
that is suitable to connect with and use the Application. You are solely
responsible for any fees, including Internet connection or mobile fees, that
you incur when accessing the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products. 3. PAYMENT TERMS. Customer shall provide Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) payment through the ecommerce features of
the Product(s) and the necessary information to issue access. Payment will be
immediately due upon acceptance of the Terms and access through the ecommerce
site features. Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) may
provide you, via email, notice of non-payment and a request for immediate
payment. If such non-payment is not remedied within seven (7) days after
receiving such notice of non-payment, Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
may terminate your access to the applicable Learning Management System. 4.
RESPONSIBILITY FOR CONTENT. 4.1 TYPES OF CONTENT. You acknowledge that all
Content, including the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products, is the sole responsibility of the party from whom such Content
originated. This means that you, and not Cooperative Ventures of Indiana, Corp.
(mobiuslearning.com), are entirely responsible for all Content that you upload,
post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through
the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products (“YOUR
CONTENT”). Other Users of the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products, and not Cooperative Ventures of Indiana, Corp. (mobiuslearning.com),
are similarly responsible for all CONTENT such other Users Make Available
through the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products (“USER CONTENT”). 4.2 NO OBLIGATION TO PRE-SCREEN CONTENT. You
acknowledge that Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
has no obligation to pre-screen Content (including, but not limited to, Your
Content and User Content), although Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
reserves the right in its sole discretion to pre-screen, refuse, or remove any
Content that (1) violates any law or regulation, (2) violates these Terms,
including the User Code of Conduct set forth in Section 5.4 hereof, and/or (3)
otherwise creates liability for Cooperative Ventures of Indiana, Corp. (mobiuslearning.com).
5. OWNERSHIP. 5.1 COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PRODUCTS. Except with respect to Your Content and User Content, you agree that
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) and its suppliers
own all rights, title and interest in the Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) Products. Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)’s
name and other related graphics, logos, service marks and trade names used on
or in connection with the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products are the trademarks of Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
and may not be used without permission in connection with any third-party
products or services. Other trademarks, service marks and trade names that may
appear on or in the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products are the property of their respective owners. 5.2 YOUR CONTENT. Except
with respect to Your Content, you agree that you have no right or title in or
to any Content that appears on or in the Cooperative Ventures of Indiana, Corp.
(mobiuslearning.com) Products. Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
does not claim ownership of Your Content. However, you grant Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) a fully paid, royalty-free,
perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable
right (including any moral rights) and license to use, license, distribute,
reproduce, modify, adapt, publicly perform, and publicly display, Your Content
(in whole or in part) for the purposes of operating and providing the
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products to you and
to our other Users. When you as a User post or publish Your Content on or in
the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products, you
represent that you have the authority to grant the aforementioned license to
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com). Please remember
that other Users may search for, see, use, modify, and reproduce any of Your
Content that you submit to any area of the Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) Products that is generally available to all Users.
You warrant that the holder of any worldwide intellectual property right,
including moral rights, in Your Content, has completely and effectively waived
all such rights and validly and irrevocably granted to you the right to grant
the license stated above. 5.3 YOUR ACCOUNT. Notwithstanding anything contained
herein to the contrary, by submitting Your Content to any forums, comments or
any other area on or in the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products, you hereby expressly permit Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
to identify you by your username as the contributor of Your Content in any
publication in any form, media, or technology now known or later developed in
connection with Your Content. 5.4 USER CODE OF CONDUCT. As a condition of use,
you agree not to use the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products for any purpose that is prohibited by the Terms or by applicable law.
Do not post, or permit others to post, content on the Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) Products or on your profile that (i)
encourages illegal activities, is fraudulent, or is unlawful; (ii) insults,
defames, harasses, or threatens others; (iii) violates the copyright or
intellectual property or privacy rights of others; (iv) contains obscene,
vulgar, pornographic, or libelous material; (v) harms or impersonates others,
including other Users; or (vi) advertises or sells a product or service. Do not
reproduce content from your Course or other Learners unless allowed by the
express copyright terms laid out by the Instructor (e.g. Creative Commons). Do
not share the solutions to assignments with others unless this is expressly
authorized by the Instructor. Do not submit the work of others as your own
work. Respect the privacy of other Users. Respect the diversity of opinions and
cultures that will be presented by other Users. Do not attempt or engage in,
any potentially harmful acts that are directed against the Cooperative Ventures
of Indiana, Corp. (mobiuslearning.com) Products, including but not limited to
violating or attempting to violate any security features of the Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) Products, introducing viruses,
worms, or similar harmful code into the Cooperative Ventures of Indiana, Corp.
(mobiuslearning.com) Products, or interfering or attempting to interfere with
use of the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products
by any other user, host or network, including by means of overloading,
“flooding,” “spamming,” “mail bombing,” or “crashing” the Cooperative Ventures
of Indiana, Corp. (mobiuslearning.com) Products. If you believe that someone
has violated this code of conduct, begin by notifying the Instructor of the
Course. If the issue is not addressed by the Instructor to your satisfaction,
contact conduct@canvas.net with your concerns. 5.5 FEEDBACK. You agree that
submission of any ideas, suggestions, documents, and/or proposals to
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) through its
suggestion, feedback, wiki, forum or similar pages (“FEEDBACK”) is at your own
risk and that Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) has
no obligations (including without limitation obligations of confidentiality)
with respect to such Feedback. You represent and warrant that you have all
rights necessary to submit the Feedback. You hereby grant to Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) a fully paid, royalty-free,
perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable
right and license to use, reproduce, perform, display, distribute, adapt,
modify, re-format, create derivative works of, and otherwise commercially or
non-commercially exploit in any manner, any and all Feedback, and to sublicense
the foregoing rights, in connection with the operation and maintenance of the
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products. 6.
INVESTIGATIONS. Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
may, but is not obligated to, monitor or review the Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) Products and Content at any time. Without
limiting the foregoing, Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
shall have the right, in its sole discretion, to remove any of Your Content for
any reason (or no reason), including if such Content violates the Terms or any
applicable law. Although Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
does not generally monitor user activity occurring in connection with the
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products, if
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) becomes aware of
any possible violations by you of any provision of the Terms, Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) reserves the right to
investigate such violations, and Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
may, at its sole discretion, terminate your license to use the Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) Products, or change, alter or
remove Your Content, in whole or in part. 7. INTERACTIONS WITH OTHER USERS. 7.1
USER RESPONSIBILITY. You are solely responsible for your interactions with
other Users of the Services and any other parties with whom you interact
through the Services; provided, however, that Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) reserves the right, but has no obligation, to
intercede in disputes among Users. You agree that Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) will not be responsible for any liabilities
incurred as the result of such interaction. 7.2 CONTENT PROVIDED BY OTHER
USERS. The Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) Products
may contain User Content provided by other Users. Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) is not responsible for and does not control
User Content. Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) has
no obligation to review or monitor, and does not approve, endorse or make any
representations or warranties with respect to User Content. You use all User
Content and interact with other Users at your own risk. 8. THIRD-PARTY
WEBSITES. 8.1 THIRD-PARTY WEBSITES. The Cooperative Ventures of Indiana, Corp.
(mobiuslearning.com) Products may contain links to third-party websites
(“THIRD-PARTY WEBSITES”). When you click on a link to a Third-Party Website, we
will not warn you that you have left the Cooperative Ventures of Indiana, Corp.
(mobiuslearning.com) Products and are subject to separate terms and conditions
or privacy policies. Such Third-Party Websites are not under the control of
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com). Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) is not responsible for any
Third-Party Websites and does not review, approve, monitor, endorse, warrant, or
make any representations with respect to Third-Party Websites, or their
products or services. You use all links in Third-Party Websites at your own
risk. You should review applicable terms and policies, including privacy and
data gathering practices, of any Third-Party Websites, and should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction with any third-party. 8.2 APP STORES. You acknowledge and agree
that the availability of the Application and the Services is dependent on the
third-party from which you received the Application, e.g., the Apple or Android
app stores. 9. INDEMNIFICATION. You agree to indemnify, defend, and hold
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com), its parents,
subsidiaries, affiliates, officers, employees, agents, partners and licensors
(collectively the “COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PARTIES”) harmless from any losses, costs, liabilities and expenses (including
reasonable attorneys’ fees) relating to or arising out of: (a) Your Content;
(b) your use of, or inability to use, the Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) Products; (c) your violation of the Terms; (d) your
violation of any rights of another party, including any User; or (e) your
violation of any applicable laws, rules or regulations. Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) in asserting any
available defenses. You agree that the provisions in this section will survive
any termination of your Account, the Terms, or your access to the Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) Products. 10. DISCLAIMER OF
WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY
APPLICABLE LAW, YOUR USE OF THE COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PRODUCTS IS AT YOUR SOLE RISK, AND THE COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE COOPERATIVE
VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PRODUCTS WILL MEET YOUR
REQUIREMENTS; (2) YOUR USE OF THE COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PRODUCTS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE COOPERATIVE
VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PRODUCTS WILL BE CORRECTED. ANY
CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE COOPERATIVE VENTURES
OF INDIANA, CORP. (mobiuslearning.COM) PRODUCTS IS ACCESSED AT YOUR OWN RISK,
AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON,
INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO
ACCESS THE COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PRODUCTS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES
MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COOPERATIVE
VENTURES OF INDIANA, CORP. (mobiuslearning.COM) MAKES NO WARRANTY,
REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT
LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF
THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM) OR THROUGH THE
COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PRODUCTS WILL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 11. LIMITATION OF LIABILITY.
11.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT
SHALL COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PARTIES BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE COOPERATIVE VENTURES OF
INDIANA, CORP. (mobiuslearning.COM) PRODUCTS, INCLUDING, WITHOUT LIMITATION,
ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT
COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM) HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY
INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR
FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE
COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PRODUCTS, ON ANY
THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE
COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PRODUCTS; (2) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR
TRANSACTIONS ENTERED INTO THROUGH THE COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PRODUCTS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON COOPERATIVE VENTURES OF
INDIANA, CORP. (mobiuslearning.COM) PRODUCTS; OR (5) ANY OTHER MATTER RELATED
TO THE COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PRODUCTS,
WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. 11.2 CAP ON LIABILITY. UNDER NO
CIRCUMSTANCES WILL COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50). 11.3 USER CONTENT.
COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PARTIES ASSUME NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE
ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT),
USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. 11.4 NO LIABILITY FOR CONDUCT
OF THIRD PARTIES OR OTHER USERS. YOU ACKNOWLEDGE AND AGREE THAT COOPERATIVE
VENTURES OF INDIANA, CORP. (mobiuslearning.COM) PARTIES ARE NOT LIABLE, AND YOU
AGREE NOT TO SEEK TO HOLD COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF
EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS
ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS
AND INTERACTIONS WITH OTHER USERS OF THE COOPERATIVE VENTURES OF INDIANA, CORP.
(mobiuslearning.COM) PRODUCTS. YOU UNDERSTAND THAT COOPERATIVE VENTURES OF
INDIANA, CORP. (mobiuslearning.COM) DOES NOT MAKE ANY ATTEMPT TO VERIFY THE
STATEMENTS OF USERS OF THE COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM)
PRODUCTS. 11.5 BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COOPERATIVE
VENTURES OF INDIANA, CORP. (mobiuslearning.COM) AND YOU. 12. PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com)’s policy to terminate membership privileges of any
User who repeatedly infringes copyright upon prompt notification to Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) by the copyright owner or the
copyright owner’s legal agent. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) Products in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
information: (1) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; (2) a description of
the copyrighted work that you claim has been infringed; (3) a description of
the location on the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products of the material that you claim is infringing; (4) your address,
telephone number and e-mail address; (5) a written 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; (6) 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. Contact information for Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)’s
Copyright Agent for notice of claims of copyright infringement is as follows:
Edward J Cross, 1550 N. Meridian St., Suite 180, Carmel, IN
46032,ed.cross@mobiuslearning.com. 13. TERM AND TERMINATION. 13.1 TERM. The
Terms commence on the date when you accept them (as described in the preamble
above) and remain in full force and effect while you use the Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) Products, unless terminated
earlier in accordance with the Terms. 13.2 TERMINATION OF SERVICES BY
COOPERATIVE VENTURES OF INDIANA, CORP. (mobiuslearning.COM). If you have
breached any provision of the Terms, or if Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) is required to do so by law (e.g., where the
provision of the Website, the Application, or the Services is, or becomes,
unlawful), Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) has the
right to suspend or terminate any Services provided to you or to delete any of
Your Content. You agree that all terminations for cause shall be made in Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com)’s sole discretion and that
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) shall not be liable
to you or any third-party for any termination of your Account. Termination of
any Service includes removal of access to such Service and barring of further
use of the Service. Termination of all Services also may include deletion of
your password and all related information, files and Content associated with or
inside your Account (or any part thereof), including Your Content. Upon
termination of any Service, your right to use such Service will automatically
terminate immediately. Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
will not have any liability whatsoever to you for any suspension or termination,
including for deletion of Your Content. All provisions of the Terms which by
their nature should survive, shall survive termination of Services, including
without limitation, ownership provisions, warranty disclaimers, and limitation
of liability. 14. GENERAL PROVISIONS. 14.1 ELECTRONIC COMMUNICATIONS. The
communications between you and Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
use electronic means, whether you visit the Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) Products or send Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) e-mails, or whether Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) posts notices on the Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) Products or communicates with you via
e-mail. For contractual purposes, you (1) consent to receive communications
from Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) in an
electronic form; and (2) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) provides to you electronically satisfy any
legal requirement that such communications would satisfy if it were to be in
writing. The foregoing does not affect any statutory rights you may have. 14.2
RELEASE. You hereby release Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Parties and their successors from claims, demands, any and all losses, damages,
rights, and actions of any kind, including personal injuries, death, and
property damage, that is either directly or indirectly related to or arises
from any interactions with or conduct of other Website Users or third-party
websites of any kind arising in connection with or as a result of the Terms or
your use of the Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
Products. If you are a California resident, you hereby waive California Civil
Code Section 1542, which states, “A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time
of executing the release, which, if known by him must have materially affected
his settlement with the debtor.” 14.3 ASSIGNMENT. The Terms, and your rights
and obligations hereunder, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)’s
prior written consent, and any attempted assignment, subcontract, delegation,
or transfer in violation of the foregoing will be null and void. Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) may assign its rights and
obligations under these Terms to a third party without your consent. 14.4 FORCE
MAJEURE. Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) shall not
be liable for any delay or failure to perform resulting from causes outside its
reasonable control, including, but not limited to, acts of God, war, terrorism,
riots, embargos, acts of civil or military authorities, fire, floods,
accidents, strikes or shortages of transportation facilities, fuel, energy,
labor or materials. 14.5 COMPLIANCE. If you believe that Cooperative Ventures
of Indiana, Corp. (mobiuslearning.com) has not adhered to the Terms, please
contact Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) by emailing
us at ed.cross@mobiuslLearning.com. We will do our best to address your
concerns. If you feel that your complaint has been addressed incompletely, we
invite you to let us know for further investigation. 14.6 ARBITRATION
AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY. Please read this Arbitration
Agreement carefully. It is part of your contract with Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) and affects your rights. It contains
procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. •
Applicability of Arbitration Agreement. All claims and disputes (excluding
claims for injunctive or other equitable relief as set forth below) in
connection with the Terms or the use of any product or service provided by
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) that cannot be
resolved informally or in small claims court shall be resolved by binding
arbitration on an individual basis under the terms of this Arbitration
Agreement. This Arbitration Agreement applies to you and Cooperative Ventures
of Indiana, Corp. (mobiuslearning.com), and to any subsidiaries, affiliates,
agents, employees, predecessors in interest, successors, and assigns, as well
as all authorized or unauthorized users or beneficiaries of services or goods
provided under the Terms. (b) Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to the
other party a written Notice of Dispute (“Notice”) describing the nature and
basis of the claim or dispute, and the requested relief. A Notice to
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) should be sent to:
Attn: Cooperative Ventures of Indiana, Corp. (mobiuslearning.com), 11550 N.
Meridian St., Suite 180, Carmel, IN (U.S.A.) 46032. After the Notice is
received, you and Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
may attempt to resolve the claim or dispute informally. If you and Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) do not resolve the claim or
dispute within 30 days after the Notice is received, either party may begin an
arbitration proceeding. The amount of any settlement offer made by any party
may not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American
Arbitration Association (“AAA”), an established alternative dispute resolution
provider (“ADR Provider”) that offers arbitration as set forth in this section.
If AAA is not available to arbitrate, the parties shall agree to select an alternative
ADR Provider. The rules of the ADR Provider shall govern all aspects of this
arbitration, including but not limited to the method of initiating and/or
demanding arbitration, except to the extent such rules are in conflict with the
Terms. The AAA Consumer Arbitration Rules governing the arbitration are
available online at www.adr.org or by calling the AAA at 1-800-778-7879. The
arbitration shall be conducted by a single, neutral arbitrator. Any claims or
disputes where the total amount of the award sought is less than Ten Thousand
U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking relief.
For claims or disputes where the total amount of the award sought is Ten
Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be
determined by the Arbitration Rules. Any hearing will be held in a location
within 100 miles of your residence, unless you reside outside of the United
States, and unless the parties agree otherwise. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. Each party shall bear its own costs (including attorney’s fees)
and disbursements arising out of the arbitration, and shall pay an equal share
of the fees and costs of the ADR Provider. (d) Additional Rules for
Non-appearance Based Arbitration: If non-appearance arbitration is elected, the
arbitration shall be conducted by telephone, online and/or based solely on
written submissions; the specific manner shall be chosen by the party
initiating the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the
parties. (e) Time Limits. If you or Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)
pursues arbitration, the arbitration action must be initiated and/or demanded
within the statute of limitations (i.e., the legal deadline for filing a claim)
and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will
decide the rights and liabilities, if any, of you and Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com), and the dispute will not be consolidated
with any other matters or joined with any other cases or parties. The
arbitrator shall have the authority to grant motions dispositive of all or part
of any claim. The arbitrator shall have the authority to award monetary damages
and to grant any non-monetary remedy or relief available to an individual under
applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a
written award and statement of decision describing the essential findings and
conclusions on which the award is based, including the calculation of any
damages awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com). (g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE
THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall
be resolved by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less costly than
rules applicable in court and are subject to very limited review by a court. In
the event any litigation should arise between you and Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com) in any state or federal court in a suit to
vacate or enforce an arbitration award or otherwise, YOU AND COOPERATIVE
VENTURES OF INDIANA, CORP. (mobiuslearning.COM) WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge. (h) Waiver of
Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS
ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS
AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT
BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER. (i) Confidentiality. All aspects of the arbitration
proceeding, including but not limited to the award of the arbitrator and
compliance therewith, shall be strictly confidential. The parties agree to
maintain confidentiality unless otherwise required by law. This Paragraph shall
not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek
injunctive or equitable relief. (j) Severability. If any part or parts of this
Arbitration Agreement are found under the law to be invalid or unenforceable by
a court of competent jurisdiction, then such specific part or parts shall be of
no force and effect and shall be severed and the remainder of the Agreement
shall continue in full force and effect. (k) Right to Waive. Any or all of the
rights and limitations set forth in this Agreement may be waived by the party against
whom the claim is asserted. Such waiver shall not waive or affect any other
portion of this Agreement. (l) Survival of Agreement. This Arbitration
Agreement will survive the termination of your relationship with Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com). (m) Small Claims Court.
Notwithstanding the foregoing, either you or Cooperative Ventures of Indiana,
Corp. (mobiuslearning.com) may bring an individual action in small claims
court. (n) Emergency Equitable Relief. Notwithstanding the foregoing, either
party may seek emergency equitable relief before a state or federal court in
order to maintain the status quo pending arbitration. A request for interim
measures shall not be deemed a waiver of any other rights or obligations under
this Arbitration Agreement. (o) Claims Not Subject To Arbitration.
Notwithstanding the foregoing, claims of defamation, violation of the Computer
Fraud and Abuse Act, and infringement or misappropriation of the other party’s
patent, copyright, trademark, or trade secret shall not be subject to this
arbitration agreement. (p) Courts. In any circumstances where the foregoing
Agreement permits the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within Salt Lake
County, Indiana, for such purpose. 14.7 GOVERNING LAW. The Terms and any action
related thereto will be governed and interpreted by and under the laws of the
State of Indiana, consistent with the Federal Arbitration Act, without giving
effect to any conflicts of law principles that provide for the application of
the law of another jurisdiction. The United Nations Convention on Contracts for
the International Sale of Goods does not apply to this Agreement. 14.8 NOTICE.
Where Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) requires that
you provide an e-mail address to access certain features of the Cooperative
Ventures of Indiana, Corp. (mobiuslearning.com) Products, you are responsible
for providing Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) with
your most current e-mail address. In the event that the last e-mail address you
provided to Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) is not
valid, or for any reason is not capable of delivering to you any notices
required/ permitted by the Terms, Cooperative Ventures of Indiana, Corp. (mobiuslearning.com)’s
dispatch of the e-mail containing such notice will nonetheless constitute
effective notice. You may give notice to Cooperative Ventures of Indiana, Corp.
(mobiuslearning.com) at the following address: Attn: Cooperative Ventures of
Indiana, Corp. (mobiuslearning.com), 11550 N. Meridian St., Suite 180, Carmel,
IN (U.S.A.) 46032. Such notice shall be deemed given when received by
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) by letter delivered
by nationally recognized overnight delivery service or first class postage
prepaid mail at the above address. 14.9 WAIVER. Any waiver or failure by
Cooperative Ventures of Indiana, Corp. (mobiuslearning.com) to enforce any
provision of the Terms on one occasion will not be deemed a waiver of any other
provision or of such provision on any other occasion. 14.10 SEVERABILITY. If
any provision of the Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of the Terms will remain enforceable, and
the invalid or unenforceable provision will be deemed modified so that it is
valid and enforceable to the maximum extent permitted by law. 14.11 ENTIRE
AGREEMENT. The Terms are the final, complete and exclusive agreement of the
parties with respect to the subject matter hereof and supersedes and merges all
prior discussions between the parties with respect to such subject matter.
11550 N. Meridian St. Suite 180 Carmel, IN 46032 Telephone: (317) 564-4695 FAX:
(317) 564-4696 LINXUS Privacy Policy Mobius Learning is committed to
maintaining the privacy and protection of your personal information. This
privacy policy tells you about the information we collect for our Linxus
Curriculum and how we use that information. By using the Linxus Curriculum, you
are consenting to the information collection and use practices described in
this privacy policy. Information We Collect: The Linxus Student Login
establishes the association we use to capture the grading data for the Teacher
and Administrator Dashboard. Mobius Learning does not require that a student
identify themselves in any way, but they must use a unique login. Mobius
Learning does issue software “key” when seats (or a single seat) are purchased
that is unique for the school. Additionally, an email address is required for
communication purposes for an Administrator for the software access Personally
Identifying Information The only direct information Mobius Learning collects
for the Linxus Curriculum is the School name, address, billing information,
Administrator email address and name. That email address is only used to
communicate with an individual, school, or system for administrative purposes.
Our database collects the unique student login information and is used only for
association with the school, teacher, and administrator. Personal names, email
addresses, locations, and addresses are not collected, Tracking Information
Mobius Learning does not track information outside of the Linxus Curriculum.
Our software is designed for security and has no overt abilities to track
anything other than direct course related activity that is reported to the
administrator and teacher dashboard. Advertising Mobius Learning has no
advertising embedded in any of our software. Additionally, there are no
external links in the software. How Your Information Will Be Used: The Personal
Information of the administrator will only be used for correspondence regarding
the Linxus Curriculum. Additionally, the unique student login information,
although not necessarily personal, will be only used in connection to reporting
for the administrator and teacher dashboard. Mobius Learning does not sell any
information related to personal use or contact information. Anonymous
Information Mobius Learning does monitor server traffic, which is evaluated for
equipment performance. No individual school or person is tracked and the
information is evaluated on a site server level. Use of Cookies Mobius Learning
uses “first party session based cookies”, which is associated with the
authorware software used to develop the courses. They are not tracking cookies
and are used only for the module delivery. Mobius Learning We do not use
personal information other than direct communication with administrators.
Security Mobius Learning has security measures in place to prevent the loss,
misuse, and alteration of the information that we obtain from you, but we make
no assurances about our ability to prevent any such loss, misuse, to you or to
any third party arising out of any such loss, misuse, or alteration. Comments
Mobius Learning may include interactive forms such as comments and ratings.
Please remember that any information that is disclosed in these areas may
become public information and you should exercise caution when deciding to
disclose your personal information. Third Party Websites Mobius Learning has no
third party website references in the Linxus software modules. Contacting Us If
you have any questions about this policy, our practices related to this site,
please feel contact us at the following: ed.cross@mobiuslearning.com. Updates
and Changes We reserve the right, at any time, to add to, change, update, or
modify this privacy policy, simply by posting such change, update, or
modification on www.mylinxus.com and without any other notice to you. Any such
change, update, or modification will be effective immediately upon posting on
the site. It is your responsibility to review this privacy policy from time to
time to ensure that you continue to agree with all of its terms.

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