The RAISE System: Terms of Service

This Agreement sets forth the terms and conditions, which apply to the non transferable use by any and all users of The Raise System TRS Internet site. At the time of registration and thereafter, a user shall provide TRS with accurate, complete and updated information.

TRS has the responsibility to maintain the basic functionality of The RAISE Service in regards to education, testing and data collection. TRS has the right at any time to implement changes as enhancements to the existing product. TRS has the responsibility to notify users of enhancements, and provide training on the product as needed by either the user or TRS. Communications/training shall occur via email and personal contact.

All areas used must be for lawful purposes only. No material shall be posted on or transmitted in any area or part thereof which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Advertising or commercial solicitation may be posted on or transmitted through the site only with TRS express prior approval.

Users may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the TRS or any portion of it. Except as otherwise expressly permitted under copyright law and without the express permission of TRS, and/or the stated owner of the copyright owner, no user may copy, redistribute, publish, display or commercially exploit any material from the TRS, with the exception of an individual user who prints information from the site for their own personal use. Any user further acknowledges that there is no acquiring of any ownership rights by downloading copyrighted material.

The unloading or posting or otherwise making available in any community areas any material protected by copyright, trademark or other proprietary right is strictly forbidden without the express permission of the owner of the copyright, trademark or other proprietary right. Each user is solely responsible for determining that such material is not protected by copyright, trademark or other proprietary right. Said users shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

As a user, you herewith grant permission to TRS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any email sent by you to TRS (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

TRS contains links to other web sites, resources and advertisers. TRS is not responsible for the availability of any links or other web sites, resources and advertisers, nor does it endorse or is it responsible for their contents, advertising, products or other materials made they may make available.

Under no circumstances shall TRS be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. Questions or comments or complaints must be directed to such external site's administrator or webmaster.

All users are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the TRS site and Community Areas and all charges related thereto. TRS prohibits any party from displaying the content found on TRS in any format where third party advertising or other materials that TRS did not authorize is viewed or viewable together with TRS's proprietary content.

Disclaimer of Warranties. The RAISE System is hosted by an outside contractor. TRS has the responsibility and obligation to maintain operation of the product for use by its users, and will work with diligence to resolve any issues that arise that create a disruption of service, that creates unanticipated delays in a student’s ability to access and use the educational materials provided. Any service disruptions should be reported to The RAISE System immediately by the user as they become aware of issues, so that service functionality can be restored and student use continued, in as timely a way as possible. TRS is not responsible for any damages suffered by the user as a result of any unanticipated delays or interruptions of service, or other failure or cessation of TRS, due to circumstances totally beyond the control of TRS, including an act of God.

TRS is a one year subscription service. TRS has the responsibility to maintain its system for the user for one year after the service activation date. Regarding renewal of the service, TRS will contact the primary contact for the university account approximately 6 to 8 weeks prior to the annual renewal date, regarding plans to renew or not renew use of the product. Renewals of the product are made verbally and confirmed via electronic communication to the primary contact. TRS will be registering its name as a trademark of TRS.

This agreement and any operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
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