Terms of Service
This agreement is between you and Primary Source, Inc. (“Primary Source”) and describes the terms that apply to the provision and use of Making Freedom. You and Primary Source (collectively, the “parties”) agree as follows:
1. Access to Making Freedom
Primary Source provides you with access to and use of Making Freedom on the condition that you first accept this agreement. You accept this agreement by clicking the “I Accept” button (or functional equivalent). If you enter into this agreement on your own behalf, you represent that you are at least 18 years old and otherwise have the legal capacity to enter into this agreement. If you are under 18 years old, your parent or guardian must enter into this agreement on your behalf, and that parent or guardian represents that they enter this agreement on your behalf and that you are 13 years old or older.
Primary Source may change this agreement at its sole discretion. Primary Source will notify you of any such changes through email or a message sent through the Making Freedom platform.
Primary Source may modify or discontinue any part of Making Freedom with or without notifying you, except that Primary Source shall notify you of substantial changes to Making Freedom. Modifications might include the addition or removal of content or parts thereof (for example, if Primary Source no longer has sufficient rights to include some content).
2. Use of Making Freedom.
You may use Making Freedom only as permitted by this agreement.
If you are a teacher or instructor, you may use Making Freedom to generate in-class handouts, online classrooms or courses, class outlines or lessons, and exams, in each case associated with a course of study for which Making Freedom has been adopted and is concurrently being used.
You shall not: (1) sell, resell, or otherwise commercially exploit in any way Making Freedom (including access to or use of Making Freedom); (2) remove, obscure, or modify the proprietary notices, including copyright, trademark, and patent notices, included in Making Freedom; (3) except as otherwise permitted, publicly display, transmit, disseminate, or distribute Making Freedom.
If Making Freedom is provided under an institutional subscription, you may authorize your students, faculty, and administrative staff (collectively, “Authorized Users”) to access and use Making Freedom, on condition that those Authorized Users accept this agreement before or during their first use of Making Freedom.
3. Third Party Websites and Materials.
Making Freedom may contain links to non-Primary Source websites, or otherwise include references to information and/or materials provided by third parties. These non-Primary Source websites and materials are not under Primar Source’s control, and Primary Source is not liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any such sites,
4. Intellectual Property.
Primary Source owns all intellectual property rights in Making Freedom, and reserves all rights not expressly granted under this agreement.
5. Disclaimer of Warranties.
Primary Source provides Making Freedom on an “as is” and “as available” basis and Primary Source specifically disclaims all warranties, express or implied, including the implied warranties of merchantability, noninfringement, and fitness for a particular purpose. Your use of Making Freedom is done at your own risk, and you are solely liable for damage to your computer system or loss of data that results from any such activities.
Content available through Making Freedom often represents the opinions and judgments of an information provider, or other person or company not connected with Primary Source. Primary Source does not endorse, nor is Primary Source liable for the accuracy or reliability of, any opinion, advice, or statement made by any such person or company.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations might not apply to you.
6. Limitation of Liability.
Regardless of the basis on which you claim damages from Primary Source (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), Primary Source’s entire liability for all claims in the aggregate arising out of this agreement will not exceed the amount of your actual direct damages up of any actually paid by you for Making Freedom.
7. Indemnification.
In addition to any other remedies available to Primary Source, you shall indemnify Primary Source against all reasonably foreseeable losses and liabilities arising out of your acts or omissions while using Making Freedom, including your breach of this agreement.
8. Term and Termination of Use.
Primary Source may terminate this agreement or suspend your access to any part of Making Freedom with or without notifying you if you breach or act inconsistently with the letter or spirit of this agreement. Upon termination of this agreement, your right to use Making Freedom ceases, and Primary Source may deactivate your account. Primary Source is not liable to you for claims or damages arising out of termination of this agreement or suspension of your access to Making Freedom.
9. Miscellaneous.
The laws of the Commonwealth of Massachusetts, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of this agreement, including all tort claims. If either party brings against the other party any proceeding arising out of this agreement, that party may bring that proceeding only in the state or federal courts of the Commonwealth of Massachusetts, and each party hereby submits to the exclusive jurisdiction of
No delay or default in compliance with any obligation by Primary Source will constitute a breach of this agreement to the extent that default or delay is caused, directly or indirectly, by an event or circumstance beyond Primary Source’s reasonable control.
If any provision of this agreement is held to be unenforceable, then that provision is to be construed by modifying it to the minimum extent necessary to make it enforceable, unless such modification is not permitted by law, in which case that provision is to be disregarded. If an unenforceable provision is modified or disregarded in accordance with this section, the rest of this agreement is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.
This agreement constitutes the entire understanding between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties with respect thereto.