Welcome to WebAssign. We hope our homework delivery, grading, and content display service (the “Service”) made available at WebAssign.net (and WebAssign.com) (the “Site”) helps you meet your educational goals and objectives. The Service is used by students to enter their answers to class assignments and receive a grade, and by instructors to provide assignments and to communicate with their students.
Acceptance of Terms
Your use or participation in certain parts of the Service may be subject to additional terms, which may be presented to you for acceptance when you sign up for those parts of the Service, or may otherwise be included in the Site. Such additional terms will be considered part of these TOU.
Please contact WebAssign at email@example.com if you have any questions about these TOU.
- Your account is for your personal use and you are responsible for its use and for keeping it confidential.
- You keep the intellectual property rights for materials you upload to the Service. WebAssign may use these materials only as authorized by you in connection with the Service.
- WebAssign does not provide any guarantees or warranties for the Service, including any Content provided through the Service. You indemnify WebAssign against third-party claims based on your use of the Service.
- WebAssign owns the Service and related software, copyrights, and trademarks. You may use the Service and the Content which you have acquired only in conjunction with an educational course offering in which you are enrolled.
- Some Content is owned by WebAssign’s publishing partners, educational institutions, and individual authors.
- You agree not to use the WebAssign Service for any illegal purposes or in any way contrary to the Service’s conduct restrictions.
- As an online service, the Service is subject to change from time to time without notice to you.
- We may modify these TOU from time to time.
The WebAssign Service
The WebAssign Service is an online homework delivery, grading, and assessment service available to instructors through paid subscription, for specified classes and time durations. The purpose of the Service is to provide instructors with a secure, accessible platform in which to assign and grade homework, in order to assess student performance and comprehension. The Service can also be used for quizzes, tests, labs, and self-study depending on the instructor's application of the system. Course materials, including, but not limited to, textbooks, questions, answers, multimedia files, and ebooks, are accessible to students between the start and end dates, set by the instructor, of the courses for which access has been purchased. This restriction applies to single-semester access, multi-semester access, and Lifetime Of Edition access (where “Lifetime of Edition” means that the student has access to course materials whenever that student is enrolled in a course where the same edition of such materials is being used).
The Service enables instructors to post online class discussion, internal communications, grades, schedules of class events, class notes, and syllabi. WebAssign may, with or without notice to you, offer other features with the Service in the future, or change or eliminate current features, at any time. All of the features of the Service are subject to these TOU.
Use of Account
To use the Service, you will need a username, institution, and password. Student usernames and passwords are provided to WebAssign by the instructor (or, if the instructor chooses, by the Service’s self-enrollment functionality) and WebAssign determines the institution name. You should change your password before starting to use the Service, to prevent unauthorized access to your assignments. To facilitate communication between WebAssign and its users, and for retrieval of login information, we use email addresses.
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or transfer your account.
You are solely responsible for maintaining the confidentiality of your username and password. Furthermore, you are responsible for all activities, charges, and liabilities associated with your account. You must immediately notify WebAssign of any unauthorized use of your account. If you are a minor, WebAssign reserves the right to provide access to your account to your parent, guardian or other authorized adult, upon such adult's request.
Any Content (as defined below) that you upload or otherwise make available in the Service remains your sole property or the property of your licensors.
The Service may allow you to specify that certain Content uploaded by you is available for sharing to other users of the Service (“Shared Content”). You may be able to specify that Shared Content is generally available for use by all other Service users, or only to the Service users that you specifically allow to use the Shared Content. You grant WebAssign, the perpetual royalty-free, non-exclusive, world-wide, and transferable right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit your Shared Content to other users of the Service as specified by you through the Service. You also grant any other user of the Service, subject to the type of sharing you have chosen, the royalty-free, non-exclusive, world-wide, right to use, access, view, store, modify, perform, display, and reproduce your Shared Content as part of such user’s use of the Service.
WebAssign does not adopt, endorse, or accept responsibility for any third-party Content. Under no circumstances will WebAssign be liable for any loss or damage resulting from your reliance on Content available through the Service.
WebAssign reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from the Service. WebAssign may use software to do this. In addition, commercially available services and software may be used to limit access to material that may be objectionable. You are solely responsible for maintaining backup copies of Content you upload in connection with the Service.
You acknowledge that the Service, any underlying technology used in connection with the Service, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Service are owned by WebAssign or third-party providers and are protected by copyright. WebAssign and its third-party providers retain and own all right, title, and interest in and to the Service and the Content, including all associated intellectual property rights. You may not store any significant portion of any Content owned by or licensed to WebAssign, in any form, whether archival files, computer-readable files, or any other medium.
You are granted a non-exclusive, personal right to use the Service and Content which you have acquired only in conjunction with an educational course offering in which you are enrolled. We encourage you to download and print or save a reasonable number of copies of Content for noncommercial personal or educational use only. You acknowledge that you do not acquire any intellectual property rights in such Content by downloading, modifying, or printing the Content.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Content. You agree that in using the Service, you will not use any trademark (including any 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 or logos. You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software used to provide the Service or any part thereof, unless this is expressly required by law.
If you believe that any Content on the Sites constitutes copyright infringement, please notify WebAssign immediately of the infringing Content and provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and email address;
- A 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; and
- 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.
1791 Varsity Drive, Suite 200
Raleigh, NC 27606
Upon our receipt of a proper notice of claimed infringement, WebAssign will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.
Some links on the Site and/or the Service may lead to sites posted by independent web site owners. Because WebAssign has no control over these sites, WebAssign is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, WebAssign shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between WebAssign and the linked sites. Reference to other companies does not imply any partnership, joint venture, or other legal connection where WebAssign would be responsible for the actions of their respective owners.
ConductYou may only access the Service and related Content through the interface provided by WebAssign and for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Service. You agree that you will not:
use the Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal, or international law or regulation, including, but not limited to, export control laws and regulations;
upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; or
interfere with or disrupt the service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; or
access (or attempt to access) any of the Service or associated Content through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of the Service or the Site; or
use the Service for any phishing, trolling, or similar activities; to redirect users to other sites or encourage users to visit other sites; harvest or collect email addresses or other contact information of other users from the Services by automated or other means; or
impersonate or attempt to impersonate WebAssign or a WebAssign employee, another user, or any other person or entity; or
“frame” or “mirror” any part of the Service or the Site. You also shall not use metatags or code or other devices containing any reference to WebAssign or the Service in order to direct any person to any other web site for any purpose.
WEBASSIGN IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SERVICE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS.
YOU AGREE THAT YOUR ACCESS TO THE SITE AND SERVICE AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER WEBASSIGN, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY, OR CONTENT OF THE SERVICES.
THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL WEBASSIGN OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WEBASSIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WEBASSIGN'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES WEBASSIGN'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold WebAssign, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of:
- content you submit, post to, email, or otherwise transmit through the Service;
- your use of the Service;
- your connection to the Service; or
- your breach of any representation, warranty, or covenant under these TOU.
WebAssign®, pencilPad®, chemPad®, calcPad®, physPad®, and Personal Study Plan® are registered trademarks of WebAssign. NumberLine is a service mark of WebAssign. All other trademarks, service marks, trade dress, and logos used or referred to in the Service are the trademarks, service marks, trade dress, and logos of their respective owners. Nothing in these TOU gives you a right to use any of WebAssign’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
WebAssign controls and operates the Service from its headquarters in the United States and makes no representation that the Service or the Content is appropriate or available for use in other locations. If you use the Service from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Modifications to the Service
WebAssign reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. You agree that WebAssign will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You may discontinue your participation in and access to the Service at any time. These TOU will continue to apply to all past use of the Service by you, even if you are no longer using them. You acknowledge and agree that WebAssign may terminate, suspend, or block your use of all or part of the Service, without prior notice for any reason, including, without limitation, if WebAssign believes you have engaged in conduct prohibited by these TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Service and may bar your access to and use of the Service.
In order to protect the integrity of the Service, WebAssign reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to WebAssign relating to modifying or improving the Service ("Feedback"), whether solicited or unsolicited, are non-confidential and shall become WebAssign’s sole property. WebAssign may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow rights to be transferred as described above, you hereby grant to WebAssign a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.
Changes to These TOU
WebAssign may change these TOU from time to time. When these changes are made, WebAssign will make a new copy of these TOU available at the Site and through the Service. You understand and agree that your use of the Service after the date on which these TOU have changed constitutes acceptance of the updated TOU.
These TOU are entered into in the State of North Carolina and shall be construed in accordance with the laws of North Carolina, exclusive of its choice of law rules. Each party to these TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of North Carolina, Wake County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, you agree that WebAssign may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. In any action to enforce these TOU, the prevailing party will be entitled to costs and attorney fees.
In the event that any provisions of these TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect.
The failure of WebAssign to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision.
Both you and WebAssign acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between you and WebAssign by your use of the Service, and neither you nor WebAssign have the power or the authority to obligate or bind the other.
These TOU constitute the entire understanding between the parties pertaining to its subject matter, and any prior written or oral agreements between the parties are expressly superseded. Any FAQs or similar documents found on the Site are for informational purposes only and are not deemed to be part of these TOU.
If you have any questions about these TOU, you may contact WebAssign at:
1791 Varsity Drive, Suite 200
Raleigh, NC 27606