Terms of Use

This policy was last modified on February 7th, 2017.

TERMS OF USE

These Terms of Use set forth the terms and conditions that apply to your use of www.irisEd.com and www.trifoia.com [and] [list any additional websites] (collectively, the "Websites") owned by IRIS Media, Inc., dba IRIS Educational Media and TRIFOIA ("IRIS/TRIFOIA"). By using the Websites in any way, you agree to comply with all of the Terms of Use set forth herein. The right to use the Websites is personal to you and is not transferable to any other person or entity.

1. Definitions

"Access" - Displaying any/all landing pages; using and/or viewing the IRIS/TRIFOIA Properties; and/or otherwise obtaining information on the Websites.

"Account" - A collection of data related to a User and/or Subscriber that is first created upon User requesting either subscription, access, billing, or customized products and services, as well as record-keeping of other User transactions.

"Agreement" - A formal, legal, and binding document, including these Terms of Use and the Privacy Policy, as well as any subsequent modifications to same.

"Annual Subscription" - This type of membership allows Users access to a bundle of training videos and other media available in the IRIS Training Library based on a full year's subscription plan.

"Educator" - A teacher at an accredited K-12 school, college or university; an Educator may also be a Subscriber.

"IRIS/TRIFOIA Properties" -- The content, programs and services, as well as the underlying design, applications, software, web platforms and "look and feel," offered in all forms and media through the Websites.

"IRIS Training Library" - The subscription-based database of audio-visual programs and materials that are available through and part of the Websites.

"Monthly Subscription" - A type of membership offered by IRIS/TRIFOIA (for example, in the IRIS Training Library) which allows Users to Access to a bundle of training videos and other media available on a monthly payment schedule.

"Multi-User Subscriber" - A type of membership offered by IRIS/TRIFOIA (for example, in the IRIS Training Library) which gives the User access to the Websites and IRIS/TRIFOIA Properties through an Organization Administrator; terms and conditions of use for Multi-User Subscribers are in the contract executed by the Organization Administrator.

"Privacy Policy" means IRIS/TRIFOIA's privacy policy or policies posted on the Websites and contained in any IRIS/TRIFOIA applications.

"Subscriber" - Any person or entity who purchases Access to or use of the IRIS/TRIFOIA Properties through any of several subscription plans as described herein.

"User - Any party who accesses the Websites, including you.

"User Content" - this term has the meaning set forth in Section 2.

"Website" - This term refers to the www.irisEd.com, trifoia.com and any other related websites that are owned or operated by IRIS/TRIFOIA. The Websites are maintained on the Internet and includes all content, design, products and services accessible through the Websites and owned by IRIS/TRIFOIA.

"You" - This refers to the User is reading this Agreement. If you are accessing the Websites as an employee or agent of another, "You" refers to the User and the User's principal.

2. Your License to Use; IRIS/TRIFOIA Retention of Ownership in Intellectual Property

Upon your acceptance of these terms and conditions, IRIS/TRIFOIA hereby grants you a non-exclusive limited license to use the Websites and IRIS/TRIFOIA Properties, solely for personal, non-commercial purposes (commercial purposes shall include but not be limited to using IRIS/TRIFOIA Properties in connection with marketing merchandise or services and/or in connection with premiums or promotions, charging others for access to IRIS/TRIFOIA Properties, and/or incorporating use of them in any manner that may be construed as an endorsement, express or implied, of any party, product or service).

Notwithstanding this limited license, you agree that IRIS/TRIFOIA owns and retains all rights to the Websites and IRIS/TRIFOIA Properties. You further agree that: the content (text, graphics and images), programs and services you access and view as part of the Websites are IRIS/TRIFOIA Properties, and accordingly are each and all owned or controlled by IRIS/TRIFOIA and IRIS/TRIFOIA's licensors; that no title thereto shall pass to you hereunder; that each and all are protected by copyright, trademark, and other intellectual property laws; that each and all may be retrieved and used solely for your own personal, noncommercial use and may be downloaded to your own device only for that purpose.

You further agree that under this limited license, you may not otherwise copy, reproduce, modify, reverse-engineer, disassemble, decompile, store in a retrieval system, retransmit in any form through any means, translate into any language or computer language, or distribute, transmit, republish, remove, alter, display, perform or use any of the content, programs and services, including the proprietary and intellectual property notices within, for any other purposes than allowed herein, without the express written consent of IRIS/TRIFOIA. In the event you receive written, permission to use IRIS' intellectual property, you agree to keep intact all proprietary, copyright and trademark notices and symbols; to follow IRIS Style Sheet (for company and website naming protocol) and Brand Development Guidelines (for use in all media and formats IRIS' logo depiction, color, design, font, "look and feel" of design elements), available upon written request; and to include proper attribution for all IRIS' content, programs and services (including but not limited to video clips, stills, images and lesson plans) you use in any IRIS-licensed and/or "approved" work you create.

You may not build a business utilizing the content, the Websites and/or IRIS/TRIFOIA Properties, whether or not for-profit, without express written consent from IRIS/TRIFOIA. Each Multi-User Subscriber (a user of IRIS/TRIFOIA Properties managed by an Organization Administrator) may only allow its employees, agents and customers to access the content, programs and services through the Websites according to the Multi-User Subscriber license (under separate cover); if the Multi-User Subscriber license terminates or has its license terminated by IRIS/TRIFOIA, then its employees, agents and customers shall no longer be licensed to use said content, programs and services.

By posting any material, information, text, graphics, comments or other data ("User Content") to the Websites and/or other IRIS/TRIFOIA Properties, you grant IRIS/TRIFOIA, as well as all other users of the Websites and/or IRIS/TRIFOIA Properties, a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform such User Content worldwide, including on or through any media format, channel or property known now or hereinafter created. This license you grant IRIS/TRIFOIA is non-exclusive, fully-paid, royalty-free and sub-licensable.

You agree to place no User Content, either your own or that of a third party, on any page of the Websites which infringes or violates the rights of any third party, including but not limited to third-party copyrights, trademarks, trade secrets, patents, proprietary and/or confidential information, public and professional reputation, and personal right to privacy. If you feel such proprietary, intellectual property and/or personal rights are violated by any posting on the Websites, please contact IRIS/TRIFOIA immediately.

If you believe that any content supplied by you or any other user of the Websites, or other material provided through IRIS/TRIFOIA Properties, including through a link, infringes any of the rights described above, you should notify IRIS/TRIFOIA of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that we receive and take appropriate action in accordance with applicable intellectual property and other laws.

A notification of claimed infringement should be emailed to IRIS' CONTENT AGENT at: contentagent@irisEd.com (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:

Attention: CONTENT AGENT

IRIS Media Inc.

258 E. 10th Ave.

Eugene, OR 97401

Fax # (541) 683-4335

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive property interest; (ii) a description of the protected work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Websites or in IRIS/TRIFOIA Properties that is reasonably sufficient to enable us to identify and locate the material; (iv) how we can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the right owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of the exclusive right you claim is unauthorized. Emails sent to contentagent@irisEd.com] for purposes other than communication about an infringement of rights may not be answered. IRIS/TRIFOIA may at its discretion terminate alleged infringers in appropriate circumstances.

3. Links to Third Party Websites; Links to the Websites

IRIS/TRIFOIA may provide hyperlinks to third-party websites as a convenience to users of the Websites. IRIS/TRIFOIA may post, alter or remove third-party links at any time. IRIS/TRIFOIA does not control third-party websites and is not responsible for the contents of any linked-to third-party websites or any hyperlink in a linked-to site. IRIS/TRIFOIA does not endorse, recommend or approve any third-party website hyperlinked from the Websites. When you click on a link within the Websites, a new tab or window will open. You will then be subject to the terms and conditions (including privacy policies) of the linked website or destination. In some cases, it may be less obvious than others that you have left the Websites and reached another website or destination. IRIS/TRIFOIA will have no liability to any person or entity for the content or use of the content available through such hyperlink. Should you wish to create links to the Websites, you must do so in a manner that does not imply any affiliation with or endorsement by IRIS/TRIFOIA for your enterprise or website. IRIS/TRIFOIA does not engage in reciprocal linking arrangements. The Websites are not archival; links may change and material may be removed without warning. IRIS/TRIFOIA strongly encourages archival or permanent links to the Websites home page, or a program's parent page, only. Deep links may bypass critical instructions and notices to customers and Users like you.

4. Changes to These Terms of Use

IRIS/TRIFOIA reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. The date of each revision will appear at the top left below the "Terms of Use" heading. Any questions relating to the Terms of Use may be submitted by contacting IRIS/TRIFOIA through customer support.

5. Violation of These Terms of Use

If IRIS/TRIFOIA determines in its sole discretion that you are violating any of these Terms of Use, we may: (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Websites and/or other IRIS/TRIFOIA Properties. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the subject IRIS/TRIFOIA Properties and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. We reserve the right to immediately terminate or restrict your account or your use of the Websites and/or other IRIS/TRIFOIA Properties at any time, without notice or liability, if IRIS/TRIFOIA determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Websites and other IRIS/TRIFOIA Properties if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the IRIS/TRIFOIA servers being made or the volume of user material being posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

6. Responsibilities of Users of the Websites and other IRIS/TRIFOIA Properties

You agree that all content you post to our Website, including text, links, photos and videos, shall follow the guidelines below. To help create a positive educational and learning environment, be sure to check periodically for updates to these guidelines as our learning community expands.

Do:

Remember you are disclosing to all other users of the Websites and IRIS/TRIFOIA Properties the information you post. By using the Websites, you agree not to disclose personally identifiable information or protected health information in any area of the Websites, including any discussion areas or other interactive areas. Do not disclose protected personally-identifiable information. If you believe personally identifiable information or protected health information is posted in violation of these Terms of Use, please contact us immediately using the contact information below.

Respect others' opinions - if necessary, agree to disagree.

Behave ethically.

Use good judgment - stay in good taste when discussing sensitive topics.

Be fair and informative - include both the pluses and minuses.

Avoid strong or vulgar language or crude references.

Do Not:

Harass, verbally attack or threaten others.

Pretend to be someone you are not or claim false credentials.

Post or link to content that is obscene or otherwise objectionable.

Use the community for commercial or advertising purposes.

Post content that isn't yours - whether copyrighted, trademarked, proprietary, marked confidential, or known to be someone's personal information and/or material.

Believe everything you read - postings may be inaccurate or inappropriate for you and should not be taken as medical advice.

Use the Websites and/or other IRIS/TRIFOIA Properties to harvest information about other users for the purpose of sending, or to facilitate or encourage the sending, of unsolicited bulk or other communications, including spam and unsolicited email.

Engage in, link to, promote or encourage in any way any illegal activities or content.

Use technology or other means to access, index, frame or link to the Websites and other IRIS/TRIFOIA Properties that is not authorized, including removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Websites and other IRIS/TRIFOIA Properties.

Introduce any viruses, computer code, files or programs, or damage in any other manner or way, that interrupts, destroys, limits functionality, disables, overburdens, impairs or otherwise gains unauthorized access that causes harm to the Websites, IRIS/TRIFOIA Properties (including but not limited to hardware, software, equipment and network).

Interfere with the use and/or enjoyment of others' use of the Websites and other IRIS/TRIFOIA Properties.

Attempt to do any of the above.

IRIS/TRIFOIA does not monitor or edit content, but IRIS/TRIFOIA retains the right to remove any content that IRIS/TRIFOIA deems inappropriate or discovers to be illegal. Violations of the above user responsibility guidelines could lead to the suspension or deactivation of your IRIS/TRIFOIA account and all content associated with it.

You may see things in a discussion area that you did not want to encounter. You can ignore them, but we prefer you report it by using our flagging system. Flagging tells IRIS/TRIFOIA that a comment is inappropriate. You can find the flagging option by pointing the mouse over the comment and clicking the "flag" link.

7. Subscription Plans, Billing and Refunds

While some select content is available for free on the Websites, access to certain programs and materials is gained through paid subscription. IRIS/TRIFOIA has several subscription plans. Additional terms of use for Multi-User Subscribers are contained in a separate agreement between IRIS/TRIFOIA and the Organization Administrator. The following are terms and conditions for other Subscribers:

Monthly Subscribers:

Includes access to a bundle of video programs and materials for a full month.

Subscription automatically renews monthly until cancelled by the Subscriber.

Subscription fee is charged on each renewal date.

Subscription fees are non-refundable; except that Subscriber may cancel, in writing, a Monthly Subscription within the period from 30 days prior to the next month's subscription renewal date up through three (3) calendar days after that date.

Discounts, rebates or other special offers are only valid for their initial stated term; Subscriptions renew at the then-current Subscription rate.

IRIS/TRIFOIA may increase Subscription fees for Monthly Subscribers at any time and for any purpose, provided however, that IRIS/TRIFOIA will provide notice at least thirty (30) calendar days prior to the expiration of the Subscription.

IRIS/TRIFOIA may terminate a Monthly Subscriber's Subscription and your rights under these Terms of Use if IRIS/TRIFOIA is unable to charge the Monthly Subscriber the Subscription fee due to inaccurate or outdated credit card information.

Rights to Access the IRIS Training Library are granted solely under these Terms of Use and Privacy Policy, and are effective only upon payment of the Subscription fees.

Yearly Subscribers:

Access to a bundle of video programs and materials for a full year.

Renews on the same date of each corresponding year or on the final date of the month if no corresponding date (e.g. February 29).

Renewals are not automatic; Yearly Subscribers will be contacted thirty (30) days prior to the expected renewal date to confirm Account details, renewal, and payment terms.

Fees are charged on each renewal date.

Subscription fees are non-refundable; except that Subscriber may cancel, in writing, a Yearly Subscription within the period from forty (40) days prior to the next year's subscription renewal date.

Discounts, rebates or other special offers are only valid for their initial stated term; Subscriptions renew at the then-current Subscription rate.

IRIS/TRIFOIA may increase Subscription fees for a subsequent Subscription period at any time and for any purpose, provided however, that IRIS/TRIFOIA will provide notice at least thirty (30) calendar days prior to the expiration of the Subscription.

IRIS/TRIFOIA may terminate the Subscription and your rights under these Terms of Use if unable to renew the Subscription based on inaccurate or outdated credit card information.

Rights to Access the IRIS Training Library are granted solely under these Terms of Use and the Privacy Policy, and are effective only upon payment of the Subscription fees.

8. IRIS' Limited Liability; Disclaimer of Damages; No Warranties

The Websites and other IRIS/TRIFOIA Properties comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. IRIS/TRIFOIA and its officers, affiliates, agents and assignees make no representations about the results to be obtained from using the Websites or IRIS/TRIFOIA Properties. The use of the Websites and the other IRIS/TRIFOIA Properties is at your own risk.

THE WEBSITES AND THE OTHER IRIS/TRIFOIA PROPERTIES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. IRIS/TRIFOIA, TO THE FULLEST EXTENT PERMITTED BY EQUITY AND LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IRIS/TRIFOIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITES AND OTHER IRIS/TRIFOIA PROPERTIES.

IN NO EVENT SHALL IRIS/TRIFOIA OR ITS AFFILIATES, AGENTS OR ASSIGNEES, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES)) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITES OR OTHER IRIS/TRIFOIA PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR THEORY OF EQUITY.

IRIS/TRIFOIA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITES ARE FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

SOME STATES/PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THIS PROTECTION COVERS IRIS/TRIFOIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

IRIS/TRIFOIA ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, PERFORMANCE, NON-PERFORMANCE INTERRUPTION, INFECTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTER-EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD-PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, "CLOUD" STORAGE SERVICE-PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF IRIS/TRIFOIA.

IF, NOTWITHSTANDING THE FOREGOING, IRIS/TRIFOIA SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THE WEBSITES OR OTHER IRIS/TRIFOIA PROPERTIES, THE TOTAL LIABILITY OF IRIS/TRIFOIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL IRIS/TRIFOIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.

9. Indemnification

By your use of the Websites and other IRIS/TRIFOIA Properties, you agree to defend, indemnify and hold IRIS/TRIFOIA, its officers, directors, employees, agents, assigns and partners, harmless from and against any claims, losses, damages, actions or demands, liabilities and settlements including without limitation, reasonable accounting fees, attorney's fees and court costs resulting from, or alleged to result from, your use of the Websites and other IRIS/TRIFOIA Properties, in a manner that violates or is alleged to violate these Terms of Use, and/or federal and state law. IRIS/TRIFOIA shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suite or proceeding.

10. Jurisdiction

IRIS/TRIFOIA is based in Eugene, Oregon in the United States of America. You expressly agree that exclusive jurisdiction for any dispute with IRIS/TRIFOIA, or in any way relating to your use of the Websites, resides exclusively in the courts of the State of Oregon and you further agree and expressly consent to the exclusive exercise of personal jurisdiction in the courts of the State of Oregon in connection with any such dispute including any claim involving you and IRIS/TRIFOIA. These Terms of Use and the Privacy Policy are governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. If any provision of these Terms of Use and the Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use and the Privacy Policy, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. Export Controls

Software and the transmission of applicable technical data, if any, in connection with the Websites and other IRIS/TRIFOIA Properties are subject to export and re-export control laws including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside, including but not limited to NOT: selling, exporting, re-exporting, transferring, diverting or otherwise disposing of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

12. Complete Agreement

These terms and conditions, along with the Privacy Policy constitute the entire agreement between you and IRIS/TRIFOIA with respect to the use of the Websites and other IRIS/TRIFOIA Properties.

13. Contact Information

If you have questions about these Terms of Use, please contact us at:

IRIS Media Inc.

258 East 10th Avenue

Eugene, OR 97401