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Terms

Please read these Terms of Use (the "Terms") carefully before using this site. By accessing and using the Blackloud Inc. ("Blackloud") web sites (the “Websites”) and materials contained therein (“Materials”), you acknowledge and agree to abide by the following Terms. Minors may use the service provided by Blackloud (“Service”) only with consent from their parents or legal guardian. Furthermore, if you use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms. If you do not agree to these Terms, do not use the Websites or download any Materials.

1. Scope of Terms


Please read these Terms of Use (the "Terms") carefully before using this site. By accessing and using the Blackloud Inc. ("Blackloud") web sites (the “Websites”) and materials contained therein (“Materials”), you acknowledge and agree to abide by the following Terms. Minors may use the service provided by Blackloud (“Service”) only with consent from their parents or legal guardian. Furthermore, if you use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms. If you do not agree to these Terms, do not use the Websites or download any Materials.

2. Modification of the Terms

Please read these Terms of Use (the "Terms") carefully before using this site. By accessing and using the Blackloud Inc. ("Blackloud") web sites (the “Websites”) and materials contained therein (“Materials”), you acknowledge and agree to abide by the following Terms. Minors may use the service provided by Blackloud (“Service”) only with consent from their parents or legal guardian. Furthermore, if you use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms. If you do not agree to these Terms, do not use the Websites or download any Materials.

3. Privacy

Blackloud promises to protect the privacy and personal information of you in accordance with the Blackloud Privacy Policy.

4. Blackloud Services

When you use any Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Blackloud will communicate with you by e-mail or by posting notices on this site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website is for personal and non-commercial use. Unless otherwise specified or as provided in the Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.
You may not use or facilitate the use of this site or any Materials in connection with any infringement analysis concerning Blackloud products.
You agree that you will not use the Websites or Materials for any purpose that is unlawful or prohibited by these Terms. You may not:
(i) Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) Use the Websites, Materials, services or activities to stalk or otherwise harass or harm another;
(iii) Upload, post, email, transmit or otherwise make available any content that you do not have a righ to make available under any law or under contractual or fiduciary relationships;
(iv) Upload, post, email, transmit or otherwise make available any content that infringes any patent,trademark, trade secret, copyright or other proprietary rights of any party;
(v) Intentionally or unintentionally violate any applicable local, state, national or international law.


5. Warranty; Disclaimers of Warranty and Limitations on Liability

If you have purchased a product from Blackloud, subject to your compliance with the Terms, Blackloud warrants to and only to you that the product will be free from defects in materials and workmanship for one (1) year from the date of your purchase of the product. This warranty does not cover damage outside Blackloud’s control, including without limitation damage caused by misuse, accident, abuse, use other than as intended and described in the product documentation, normal wear and tear, tampering, or service performed on the product by a service provider not expressly authorized by Blackloud.
Blackloud’s sole and exclusive liability (and your sole and exclusive remedy) under the foregoing warranty shall be to repair or replace the product, as determined by Blackloud in its sole discretion.
THE BLACKLOUD PRODUCT OR SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE BLACKLOUD SERVICE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BLACKLOUD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF BLACKLOUD PRODUCT OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BLACKLOUD SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF BLACKLOUD PRODUCT, SOFTWARE, AND SERVICES. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BLACKLOUD, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER .
UNDER NO CIRCUMSTANCE SHALL BLACKLOUD OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE, PRODUCT OR SERVICE OR THE SUBJECT MATTER OF THIS TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $200 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

6. Indemnification

You agree to indemnify and hold Blackloud and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Websites or Materials, your use of the Websites or Materials, your connection to the Websites or Materials, your
violation of the Terms or your violation of any rights of another.

7. Third-Party Websites, Products and Services Links on the Blakloud Website to third-party

The Websites are provided solely as a convenience to you. Blackloud is not obligated to review any such third-party websites, does not control any such third-party websites, and is not responsible for any such third-party websites or the products, services, or content available through those websites. Thus, Blackloud does not endorse or make any representations about such third-party websites, any information, products, services, or content thereof. If you decide to access any of the third-party websites linked to from this website, you do this entirely at your own risk. Furthermore, any reference on the Website to third-party products or services is provided for informational purposes only and does not constitute an endorsement or a recommendation by Blackloud.

8. Termination

The Terms shall remain in full force and effect while you use the Services. You may terminate your use of the Service at any time. We may terminate or suspend your access to the Service at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with you. We may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach the Terms. Upon termination of your account, your right to use the Service, access the Website, and any content will immediately cease. All provisions of the Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability.

9. General

You access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
The Terms constitute the entire agreement between you and Blackloud and govern your use of the Website. The Terms and the relationship between you and Blackloud shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

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