PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
This Agreement has two parts:
Teacher/Individual or Entity Terms for (A) teachers or individuals or (B) school districts or other entities registering to use all of the Services.
YOU MUST DETERMINE HOW YOU WILL BE USING THIS WEBSITE AND READ AND UNDERSTAND THOSE TERMS APPLICABLE TO YOU. IF YOU VIEW or REGISTER WITH THIS WEBSITE, YOU WILL BE DEEMED TO HAVE AGREED TO, AND BE BOUND BY, ALL APPLICABLE TERMS SET FORTH BELOW.
GENERAL TERMS—applicable to all registered users, as well as all who merely visit our Website to browse, read or download information:
Updates to this Agreement
We may from time to time change this Agreement. Such amendments will become effective when we post them on the Website, or when we otherwise provide notice to you of any amendments. You agree to be responsible for periodically checking this Agreement for updates and you understand that any revised terms supersede any previous terms of this Agreement. You agree that you shall be bound by the terms of this Agreement posted at the time of your Website access.
Ownership, Copyrights and Trademarks; Permitted Uses
You acknowledge and agree that we own all of the content, information, materials, tools, organization and layout and any other intellectual property contained in the Website, including the SCAN® tool (collectively, the “Website Content”). Furthermore, such Website Content is protected by the United States copyright and trademark laws which prohibit you from copying, scraping, selling, tampering, posting, transmitting, distributing the Website Content in any way, including by email or other electronic means or utilizing such Website Content outside of standard Internet browsing use. Without our consent, you may not modify the Website Content, use the Website Content on any other website or networked computer environment or use the Website Content for any other purpose other than personal, non-commercial use. You agree that nothing in this Agreement shall be interpreted to give you any ownership rights in the Website Content.
We may from time to time allow those who use the Website to submit or post certain information, such as comments, notes, plans, content provided to the SCAN® setup function as well as lesson plans or other content within the SCAN® tool (collectively, the “Submitted Information”), on or in forums or other public posting areas within our Website, if any (collectively, the “Forums”). The Submitted Information and opinions expressed within or on such Forums are not necessarily ours. We cannot and do not make any representation, warranty or covenant regarding any Submitted Information or opinions that appear in the Forums, nor can we endorse or guarantee the accuracy of any Submitted Information. You agree that you are participating in all Forums at your own risk. We assume no obligation to monitor the Forums or to delete or edit any Submitted Information.
Rules of Conduct
You agree that you will not submit or otherwise publish through the Forums or lesson plans any Submitted Information or other content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes or violates any intellectual property or other right of any entity or person; (c) violates any local, state, national or international law, regulation or rule; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. In addition, you agree to refrain from engaging in the following activities on the Website or during use of the Services: (a) assuming the identity of another person or misrepresenting your affiliation with a person or group, (b) transmitting spam, using ALL CAPS, stalking, harassing or similar activity, (c) transmitting malicious software, (d) posting or transmitting advertisements, bulk (junk) mail, chain letters or other solicitations, (e) aiding others to hack into the Website or (f) engage in any other activity that may harm the Website, other users of the Website or detract in any way from others’ experience with the Website.
Furthermore, you agree to indemnify us and our officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.
We reserve the right, at our sole discretion, to delete, move, or edit any postings or take any other action we deem necessary or proper, including pre-emptive action and/or termination of access to the Website, if we believe any user’s conduct fails to conform to this Agreement or may create liability to us or any of our affiliates. We will not be liable to you for any such action or termination and this Agreement and its terms shall survive any such termination.
Links to Other Websites
Our Website and the Services, including SCAN® sessions, contain links to other websites which are operated by unaffiliated third parties. We are not responsible for the content or policies of any linked website and/or the content or policies of any website linked within those websites. The inclusion of a link on our Website does not in any way suggest an endorsement of the content or policies of that website.
The Website and any Services on the Website are provided solely on an “as is” and “as available” basis. We disclaim all express and implied warranties regarding the SCAN® product, the Website Content, and Services on this Website, including implied warranties of merchantability or fitness for a particular purpose, security and non-infringement.
We make no warranty about the content and information posted on the Website, including the accuracy, use or error-free status of that content. We also make no warranty that the Services provided on our Website will be uninterrupted, secure, error-free, and timely or will meet your needs or requirements. We cannot guarantee that software errors will be corrected in a timely fashion, if at all. We also are in no way responsible for the online or offline conduct of users ..
No oral or written information or advice given by us or our employees or agents shall create a warranty or in any way increase the scope of our obligations hereunder. You agree that you will not rely on any such information or advice.
Limitation of Damages
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE WEBSITE, DATA LOSS, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
IN NO CASE, SHALL OUR LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION (TORT, CONTRACT, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE IN THE PREVIOUS 12 MONTH PERIOD.
Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST US ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE WEBSITE, INCLUDING ANY OF YOUR SUBMITTED INFORMATION OR MATERIAL ON OR IN FORUMS, (B) YOUR FAILURE TO ABIDE BY ALL APPLICABLE LAW, INCLUDING ALL COPYRIGHT AND TRADEMARK LAWS AND (C) YOUR BREACH OF ANY OF THE AGREEMENTS, REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Any action you, any third party or we may bring to enforce this Agreement (or in connection with any matter related to this Website) shall be brought only in a federal or state court located in Mercer County, New Jersey. You expressly consent to the jurisdiction of said courts and waive any objections based upon forum non conveniens. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except by us in writing.
REGISTERED USER TERMS—applicable to those who wish to register to gain access to our free Services, including a teacher or administrator desiring a class or a school or a district to have access to our Services:
Agree to General Terms
You have read, understand and agree to satisfy, abide by and uphold all of the terms and conditions contained in the General Terms section.
To register, a teacher or individual must enter his or her Log-In Information (as defined below) to gain access to the Services.
Once a teacher or individual registers to our Services, that person may set up SCAN® lessons from the lesson library or may input their own content. For each SCAN® lesson a teacher sets up, one session URL is automatically assigned. The teacher provides that session URL to their class of students. Students access the special URL and sign into the SCAN session by creating a username, inputting initials for all students associated with a specific username (in case they are working in groups) and choosing an avatar.
As a registered user to the Services, you are entirely responsible for all persons, including students, using the Services via your account; and accordingly, you must ensure that such persons abide by the terms of this Agreement. If you are a teacher, your school acknowledges and agrees that it may be held ultimately responsible and liable for any and all actions taken by you or your students on our Website, including the use of the SCAN® tool and/or participation in the Forums. If you are a school or school district, you will select a subscription administrator whose responsibility will be administering information about the Website to teacher and student users and to ensure that the terms of this Agreement are being abided by and upheld by such users.
We assume no liability for any activity or circumstance stemming from unauthorized use of registered accounts, passwords, usernames or similar information. We may report to law enforcement any fraudulent, abusive or illegal activity on your account. You are solely responsible for providing all the equipment necessary for using the Website, including computer equipment, telephone, internet access service, software and modems.
All information including a username, password, full name, e-mail address or other required information for the purpose of accessing the Website Content, including the SCAN® tool (collectively, “Log-In Information”) must be kept confidential, and may be used only by you. You may not input a username with the intent of impersonating another individual or request a username that we determine, at our sole discretion and judgment, to be inappropriate or offensive.
Any unauthorized access using your Log-In Information shall be your responsibility. If you have any reason to believe that your account is no longer secure, in the event of username/password, credit card or other theft, you will promptly notify us and provide any requested information to allow us to take necessary action.
Upon expiration or prior termination of this Agreement, all rights previously given to you shall be terminated and all of your access to the Website and its contents shall cease.
116 Village Blvd., Suite 300
Princeton, NJ 08540
Attn: Legal Department