Northstar Digital Literacy Terms of Service

These terms of service were last modified on October 28, 2018.

Minnesota Literacy Council, Inc. (“MLC,” “we,” “us,” “our”) operates the website at https://www.digitalliteracyassessment.org (the “Website”). Your access to and use of the Northstar Digital Literacy Assessment Project application that allows users to assess their computer- and online-skills through online, self-guided modules, and all information and materials related thereto, our Website or any of its related services, features, tools, or resources (collectively, the “Application”) are subject to these terms of service (the “Terms”).

PLEASE READ THESE TERMS CAREFULLY, AS THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE APPLICATION.

By using the Application or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms and the Northstar Digital Literacy Assessment Project Privacy Policy, which is incorporated herein by reference. If you do not want to accept these Terms or the Privacy Policy, you should not access or use the Application.

MLC may revise and update these Terms from time to time. Your continued use of the Application following the posting of revised Terms means that you accept and agree to the changes. We encourage you to check this page routinely so you are aware of any changes, as they are binding to you. You acknowledge that nothing in these Terms constitute an undertaking by MLC to provide updates, modifications or enhancements to the Application.

Access and Use by Test Takers

MLC may make the Application available to test takers in one of two ways: through testing locations who have a written agreement with MLC or through direct access to the Application through the Website. If you are accessing the Application through one of MLC’s testing locations, you may have the ability to complete a registration process and create a user profile by providing your email address and setting a user name and password. This will allow you to save and review your past assessment activity. Please review the Privacy Policy for more detail regarding what MLC may do with information we collect from you. If you are accessing the Application from the Website, you will have the ability to access and use the Application, but you may not have the ability to set up a user profile or to save assessment results.

MLC grants you permission to access and use the Application solely for the purpose of assessing test takers’ digital literacy capabilities on a noncommercial basis. You are responsible for obtaining all equipment and services needed to access the Application. If you are accessing the Application via mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communication services. MLC does not guarantee that the Application can be accessed through all wireless devices or service plans, or that it is available in all geographical locations.

Additional Rights Applicable to Testing Locations

If you are accepting these Terms on behalf of a Testing Location, MLC hereby grants to you, a non-exclusive license to use any documentation or training materials provided by MLC solely for your purposes in connection with your Testing Location Agreement, and to provide access to the Application to test takers through your hosted account. You may have access to information and data about test takers that is submitted or otherwise transmitted by or on behalf of test takers through your site as described in our Privacy Policy.

Restrictions

You must not transmit or otherwise make available through or in connection with the Application, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; use any device, software or routine that interferes with the Application; restrict or inhibit any other person from using the Application; except as explicitly allowed herein, reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Application; use the Application in an unlawful or fraudulent manner; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application; use any automatic device, process or means to access the Application for any purpose, including monitoring or copying content on the Application; or otherwise attempt to interfere with the proper working of the Application. MLC may block, limit or terminate your access to the Application for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Application; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

Application Content

As between you and MLC, content made available by MLC through the Application, including text, graphics, icons, logos, and images and their selection and arrangement (collectively, “Content”), is the property of MLC, or, if applicable, our licensors, and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. For clarity, “Content” does not include data entered or transmitted by or on behalf of test takers through a testing location’s hosted account.

You shall not use the Application or any Content or data for any purposes beyond the scope of the access granted in these Terms. Except as explicitly allowed herein, you shall not at any time, and shall not permit others to: (i) copy, modify, or create derivative works of the Application or any Content, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any Content; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Application or Content, in whole or in part; (iv) remove any proprietary notices from the Application, Content, or any documentation provided by MLC; or (v) use the Application, Content, or documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

MLC may, in our sole discretion, suspend or discontinue the Application or any Content at any time without notice.

Trademarks

Northstar Digital Literacy Assessment™, Northstar Digital Literacy Project™, the Northstar Digital Literacy logo, the Minnesota Literacy Council logo, and other trademarks, service marks and logos (“Trademarks”) are the trademarks of MLC. Any other trademarks, service marks, logos and trade names used throughout the Application belong to their respective owners and are used with permission and for identification purposes only. Nothing in the Application grants any license or right to use any Trademarks or other intellectual property displayed through the Application. MLC prohibits the use of our Trademarks for advertising or marketing purposes, including displaying them on a website or in press releases, without MLC’s written permission.

Feedback

Unless otherwise described in our Privacy Policy, if you choose to provide us with any feedback, suggestions, or similar communications, all such communications (“Feedback”) will be considered non-personal, non-confidential and nonproprietary. You hereby grant MLC a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback, in whole or in part, and including all intellectual property rights therein.

Links to Third Party Websites

The Application may provide links to third-party websites. Links to third party websites do not constitute an endorsement for such sites or their content by MLC. The providers of these sites, and not MLC, are responsible for such websites and you should review and understand any terms of use and privacy policies that govern your use of the websites that you visit. Additionally, if you access a non-MLC website that includes one of our Trademarks, for example the website of a testing location, please understand that such websites and their content are not controlled, operated or endorsed by MLC.

Disclaimers

While we strive to maintain the Application as accurate and up-to-date, the Application may include inaccurate or outdated information or information about technology or functionality that are no longer available. MLC does not represent the accuracy or reliability of any statement or information made available on or through the Application.

THE APPLICATION AND ALL CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MLC AND ANY THIRD PARTY PROVIDERS OF CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE APPLICATION OR ANY CONTENT.

Indemnification

You agree to defend, indemnify, and hold harmless MLC and its subsidiaries, affiliates, officers, directors, employees and agents as well as any third party providers of Application-related services or Content (“Application-Related Parties”), from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of these Terms or your use or misuse of the Application or Content.

Limitation of Liability

YOU AGREE THAT NONE OF THE APPLICATION-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE APPLICATION OR CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL CUMULATIVE LIABILITY OF THE APPLICATION-RELATED PARTIES INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $1.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE APPLICATION-RELATED PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. YOU AGREE THAT YOU USE THIS APPLICATION AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS APPLICATION OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

Governing law; Jurisdiction

These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof. You agree that the only proper jurisdiction and venue for any dispute with MLC relating to your use of the Application, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving MLC or its employees, officers, directors, agents and providers.

Miscellaneous

If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Application, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. The Application is controlled and operated from the United States, and is not intended to subject MLC to any non-U.S. jurisdiction or law. The Application may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Application is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so.

Under no circumstances will MLC be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without MLC’s prior written consent.

Contact Us

If you have any questions about these Terms or the operation of the Application, you may contact us at:

Minnesota Literacy Council
700 Raymond Avenue, Suite 180
St. Paul, MN 55114
support@digitalliteracyassessment.org