Users should be aware that any content posted on the Visible LearningTM MetaX website comes
from a wide variety of sources (including third party websites) and our hosting of any such third party
content should not be taken as an endorsement of the views represented in any third party content or
as a representation of our own view or position. Corwin, its affiliates, and their respective directors,
employees and agents do not assume responsibility or accept liability for any of the comments
posted. Please be aware that Corwin is not responsible for the privacy practices, or content, of third
party websites. Corwin encourages its users to be aware when they leave the Visible LearningTM
MetaX website and to read the privacy statements of these third party websites. You should evaluate
the security and trustworthiness of any other website connected to the Visible LearningTM MetaX
website or accessed through this website yourself, before disclosing any personal information to
them. Corwin, its affiliates, and their respective directors, employees and agents will not accept any
responsibility for any loss or damage in whatever manner, resulting from your disclosure to third
parties of personal information. If you do create a link to a third party website, you do so at your own
risk and the exclusions and limitations set out herein will apply to your use of such third party website
by linking to it.
Contributions to Visible LearningTM MetaX are not moderated on a post-by-post basis. Please
contact us immediately if you have a complaint against any posted material in accordance with
Paragraph 11 above.
We have the right to remove, delete, reject, or refuse to post any material from the website at any
time, with or without prior notice or explanation, for any or no reason, including content we believe
could be unlawful or infringe the right of others in any way. We expressly reserve the right to deny,
restrict, or terminate your access to the Visible LearningTM MetaX website if we determine, in our sole
discretion, that you have violated this Agreement, or pose a threat to the website or its users.
We do not undertake to keep any material available on the website for any period of time. If your
own content is important to you, please save it independently.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or unauthorized access to,
or alteration of, any communication by you or any other user. We are not responsible for any
problems or technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of any email due to technical problems or
traffic congestion on the Internet or on the Visible LearningTM MetaX website or combination thereof,
including any injury or damage to computer equipment related to or resulting from participation or
downloading materials in connection with the Visible LearningTM MetaX website.
The Visible LearningTM MetaX website is provided "AS-IS" and we make no representations or
warranties, express or implied (including but not limited to any implied warranty, representation, term,
condition or undertaking of satisfactory quality or fitness for a particular purpose). Furthermore,
Corwin does not warrant that the functions of the Visible LearningTM MetaX website will be
uninterrupted or error-free, that defects will be corrected, or that the website or the servers that makes
the Visible LearningTM MetaX website available are free of viruses or other harmful components. All
such representations and warranties are excluded to the fullest extent allowed by law.
We do not exclude or limit our liability for any liability that cannot be excluded by law.
Subject to Paragraph 18, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF,
OR INABILITY TO USE, THE VISIBLE LEARNINGTM MetaX WEBSITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any delay or forbearance on our part of enforcing these terms should not be deemed to be a
waiver of the term, neither will it prejudice our rights.
If any of these terms are held to be unenforceable or invalid, the unenforceable or invalid
provision will not affect the remainder of these terms, which will continue in full force and effect.
By using this website, you agree that we may collect your personal information which may be
You agree that Corwin, its affiliates and their respective designees may contact you in connection
with this Agreement.
This Agreement shall be construed, interpreted, governed, and enforced in accordance with the
laws of the State of California, without regard to its conflict of laws provisions, and the laws of the
United States as interpreted by the U.S. federal courts of the Ninth Circuit.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall
be settled by arbitration in Ventura County, California and administered by the American Arbitration
Association in accordance with its then-existing Commercial Arbitration Rules. The award rendered
by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof. Each party consents to, and waives any right
to object to, jurisdiction with respect to the resolution of disputes hereunder in Ventura County,
California. In any legal action or other proceedings (including arbitration proceedings) between the
parties, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable
costs and expenses incurred in such action or proceeding, including, without limitation, reasonable
attorneys' fees and costs. Notwithstanding the foregoing, the parties specifically reserve the right to
seek provisional remedies or injunctive relief or other equitable remedy in a court of competent
jurisdiction without waiving any right to arbitration.
This Agreement sets forth the entire agreement and supersedes all prior agreements, whether
written or oral, between you and Corwin with respect to your use of the Visible LearningTM
MetaXwebsite. Corwin reserves the right to make changes to this Agreement periodically as further
described in Paragraph 2 above. No modification or addition to any of these terms that you may
propose will be binding on us unless made in writing and signed by our duly authorized
Corwin requires users to respect our copyrights. We likewise respect the intellectual property of
others. On notice, Corwin will act promptly to remove content on the website which infringes the
copyright rights of others and will disable the access to the website by anyone who uses them to
repeatedly infringe the intellectual property rights of others. If you believe that the website contains
elements that infringe your copyrights, please follow our Copyright Notice and Claims Regarding
Copyright Infringement Policy ("Copyright Policy") (us.sagepub.com/en-us/nam/copyright).
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