Terms and Conditions
The Inspark Teaching Network (“Inspark”) is a digitally-powered community of educators, creating and sharing next-generation courseware and technology, dedicated to postsecondary success of a widely diverse community of students. Access to www.inspark.education (“Website”) and any courseware offered by Inspark including various related products, software and services, collectively form the “Services” subject to these terms and conditions (“Terms”).
These Terms cover your use of the Services and are collectively sometimes referred to as this in the “Agreement”. The Arizona Board of Regents, for and on behalf of Arizona State University (“ASU”) is the provider of the Services and is referred to herein as “us”, “we” or “our”. “You” or “Your” refers to either individual end users or institutional end users of the Services, whichever is applicable.
It is important you read these Terms carefully. Your use of the Services is subject to the Terms set forth herein which constitute a legal and binding agreement between you and ASU. Unless otherwise agreed in writing with ASU, your agreement with ASU will always include the Terms and any legal notices applicable to the Services which will be accessible for you to read either within, or through your use of, that Services.
By accessing or using the Services, clicking the “I Accept” button (or logical equivalent) contained in an online order or registration form or otherwise displayed as part of the ordering or registration process, you acknowledge that you understand these Terms and agree to be bound by them, including all policies and guidelines incorporated by reference.
We reserve the right to change these Terms from time to time. You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You acknowledge and agree that it is your responsibility to review the Website and these Terms periodically and to be aware of any such changes. Your continued use of any of the Services after any such changes will constitute your acknowledgment and agreement to abide by the modified Terms.
Provision of Services
. We reserve the sole right to either modify or discontinue the Services, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party for making such modifications. Modifications may include, but are not limited to, changes in the pricing structure or the addition or deletion of new Services offerings. Any new features that augment or enhance the then-current version of the Services shall also be subject to these Terms.
Your Use of the Services
By accessing the Services, you agree:
- to use the Services in a lawful, fair and reasonable manner, which includes not using the Services for any unlawful or fraudulent purpose or in a way that adversely affects the Services (or the servers and networks which are connected to the Services) or the use of or access to the Services by other registered users;
- not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers);
- not to upload any copyrighted materials not owned by you, unless you have permission of the owner of the copyrighted materials to do so; and
- to contribute comments or participate in discussion within the Services in a manner that is respectful to others and productively contributes to academic debate and does not bully, harass or defame any other person.
Without limitation, you acknowledge that you have seen a demonstration of and/ or are aware of the general form, content, accessibility and functionality of the Services and have satisfied yourself that they are suitable for your purposes.
You must pay any applicable charges (if any) and abide by any additional terms and conditions (such as length of subscription term and/or limits on your right to access certain features, functionalities, or capabilities) as set out in the offline or online order form for your purchase (each an “Order”) and/or the relevant area of the Services. You are solely responsible for providing, at your own expense, all equipment necessary to use the Services, including, without limitation, a computer, modem and your own internet access (including payment of Internet Services Provider fees associated with such access).
All rights not expressly granted herein are reserved. Any unauthorized use of the Services is prohibited and may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to ASU will always be accurate, correct, and up-to-date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from any relevant countries). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with ASU, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You agree that you are solely responsible for (and that ASU has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ASU may suffer) of any such breach.
Payments & Refunds
You must pay the applicable charges (including any applicable taxes) for access to the Services via one of our approved payment methods. You agree to provide us with accurate and complete billing information as required, and to provide us with any changes in such information promptly after the change.
If you believe that a billing discrepancy has occurred, you must notify us within 30 days after the date on which such discrepancy first appeared on your credit card or other payment method account statement or invoice, as the case may be, or such amounts will be deemed to have been accepted by you. You agree to release us from any liability for any error or discrepancy that is reported to us after such period.
Following acceptance of these Terms or access to the Services, there will be no refunds or credits for use of the Services.
Technology Platform & Related Services
Provision of the Services by ASU
The Services are provided entirely under a Software-as-a-Services (SAAS) delivery model. In the event of downtime and/or lack of access to the Services, we shall correct such loss or interruption as quickly as practicable. The software for the Services may automatically download and install updates from time to time. You agree to receive such updates (and permit delivery of these updates to you) as part of your use of the Services.
By using or accessing the Services, you acknowledge and agree that:
- The form and nature of the Services which ASU provides may change from time to time without prior notice to you.
- ASU may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ASU’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ASU when you stop using the Services.
- If ASU disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other Content that is contained in your account.
- While ASU may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Services, such fixed upper limits may be set by ASU at any time, at ASU’s discretion.
Your password and account security
You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services, and you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify ASU immediately at email@example.com.
If you opted-in to receive ASU newsletters and other special offer emails and you no longer wish to receive them, you may opt-out at any time by unsubscribing using the link at the bottom of all newsletters and other special offer emails.
By signing up for the Services, you agree to receive communications from ASU for membership management and/or administrative purposes, such as membership confirmation, profile information validation, and other similar reasons. Communication may come in the form of e-mail, phone calls, and/or postal mail. You cannot opt-out of receiving these communications, unless you terminate your subscription with Inspark.
You acknowledge and agree that ASU owns all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ASU and that you shall not disclose such information without ASU’s prior written consent. Unless you have agreed otherwise in writing with ASU, nothing in the Terms gives you a right to use any of ASU’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
ASU acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, develop, transmit, or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that ASU has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by ASU, you agree that in using the Services you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
ASU may at any time terminate access to and provision of Services to you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms); or
- ASU is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the partner/party with whom ASU offered the Services to you has terminated its relationship with ASU or the partner has ceased to offer the Services; or
- ASU is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services.
Exclusion of Warranties
Nothing in these terms shall exclude or limit ASU’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Our liability will be limited to the maximum extent permitted by law. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided “as is” and “as available”. The software is provided as-is and ASU is not obligated to provide bug fixes or any new versions. In particular, ASU, does not represent or warrant to you that:
- your use of the Services will meet your requirements,
- your use of the Services will be uninterrupted, timely, secure, or free from error,
- any information obtained by you as a result of your use of the Services will be accurate or reliable, and
- that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any loss or damage, including damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from ASU or through or from the Services shall create any warranty not expressly stated in the terms.
TO THE FULLEST EXTENT PERMITTED BY LAW, ASU FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
Limitation of Liability
We will provide the Services with reasonable care and skill. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis.
You understand and agree that ASU shall not be liable to you for any loss or damage whatsoever, including without limitation:
- Any direct, indirect, incidental, punitive, exemplary, special or consequential damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, business opportunity, anticipated saving, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
- any changes which ASU may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
- the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
- your failure to provide ASU with accurate account information;
- your failure to keep your password or account details secure and confidential.
The limitations on ASU’s liability to you in paragraph 1 above shall apply whether or not ASU has been advised of or should have been aware of the possibility of any such losses arising.
The Services may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources which are provided by companies or persons other than us. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse and are not responsible for any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that we are not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
General Legal Terms
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. To the extent any provision under these Terms or this Agreement is ruled invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms, and your relationship with ASU under the Terms, shall be governed by the laws of Arizona, United States, without regard to its conflict of laws provisions. You and ASU agree to submit to the exclusive jurisdiction of the courts located within Maricopa County, Arizona, United States, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ASU shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Inspark Next-Generation Courseware is built on the Smart Sparrow platform, which conforms to Level AA WCAG 2.0 and is Section 508 compliant. This includes alt text, captions, and keyboard navigation. Other digital learning experiences that may be integrated into the Smart Sparrow platform, such as interactive simulations, are compliant by providing an equivalent experience in partnership with the teaching institution and Inspark. These experiences may include resources used to augment the courseware, such as audio cues, documents, or trained educators to guide students through the learning activity. Please contact us at firstname.lastname@example.org if you need assistance.