Learning A-Z Terms of Service
1. ACCEPTANCE OF TERMS
Learning A-Z provides its services on any purchased website to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from time to
time. You can review the most current version of the TOS at any time at: http://www.learninga-z.com/help/termsofservice.htm. Your use of any purchased website and its materials
constitutes your agreement to all such terms, conditions, policies, and notices
(the "Agreement").
2. DESCRIPTION OF SERVICE
Learning A-Z provides users with access to a rich collection of teaching
resources through its collection of websites (the "Service"): Reading A-Z, Raz-Kids,
Reading-Tutors, Vocabulary A-Z, and Writing A-Z. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new resources shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that Learning A-Z
assumes no responsibility for the timeliness, deletion, misdelivery, or failure
to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. LICENSE USAGE
A license grants access to the purchased
Learning A-Z website as well as permission to use its copyrighted
resources as part of the classroom curriculum. Each teacher using the
resources must have a license in order to obtain the necessary
permission. Each Learning A-Z license is valid for one classroom only.
Licenses must be maintained for continued permission to use downloaded, copyrighted
materials. Each license must be registered in the name of the classroom
teacher using the resources.
4. MODIFICATIONS TO SERVICE
Learning A-Z reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Learning A-Z shall not be liable to you or to
any third party for any modification, suspension, or discontinuance of the
Service.
Learning A-Z may change, add, or remove any part of this Agreement, or any other terms associated with the use of the website, at any time, by posting a notice of such changes to the Terms of Service page of the website. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
5. SPONSORS, THIRD PARTIES, AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, sponsors, third parties, or advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties, or representations associated with such dealings,
are solely between you and such sponsor, third party, or advertiser. You agree
that Learning A-Z shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the
presence of such sponsors, third parties, or advertisers on the Service.
6. LINKS
Learning A-Z may provide, or third parties may provide, links to other websites
or Internet resources. Because Learning A-Z has no control over such websites
and resources, you acknowledge and agree that Learning A-Z is not responsible
for the availability of such external websites or resources, and does not
endorse and is not responsible or liable for any content, accuracy, quality,
advertising, products, or other materials on, or available from, such websites
or resources. You further acknowledge and agree that Learning A-Z shall not be
responsible or liable, directly or indirectly, for any damage or loss caused, or
alleged to be caused by or in connection with use of, or reliance on, any such
content, goods, or services available on, or through any such website or
resource.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEARNING A-Z EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. LEARNING A-Z MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEARNING A-Z OR THROUGH, OR FROM, THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY LEARNING A-Z AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEARNING A-Z SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF LEARNING A-Z HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO
USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.
9. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO
YOU.
10. TRADEMARK INFORMATION
All materials on the Learning A-Z websites, including without limitation, names,
logos, trademarks, service marks, images, graphics, photographs, illustrations,
artwork, and other elements making up the Service are protected by copyrights
and other intellectual property rights owned and controlled by Learning A-Z or
by other parties that have licensed their material to Learning A-Z. EXCEPT AS
SPECIFICALLY PROVIDED HEREIN, no Online Materials may be republished, posted,
transmitted, or distributed in any way, or otherwise used for any purpose,
without the prior written permission of their respective owners. You may not
add, delete, distort, or otherwise modify any Learning A-Z content. Any
unauthorized attempt to modify any Online Material, to defeat security features,
or to utilize this website for means other than its intended purposes is
prohibited.
Learning A-Z logos and product and service names are trademarks of Cambium Learning, Inc. All other trademarks appearing on the website are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. Learning A-Z will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that the content or trademarks of a Learning A-Z website product are being misused please contact support@learninga-z.com as soon as possible.
11. NON-WAIVER
The failure of Learning A-Z to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of, or
related to, use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
12. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
13. VIOLATIONS
Please report any violations of the TOS to
support@learninga-z.com.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold Learning A-Z harmless from any claims
and expenses, including reasonable attorneys' fees, arising from or related to
any breach by you of any terms of this Agreement.
15. LETTERS, REVIEWS, OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to Learning A-Z, including
without limitation, questions, comments, suggestions, criticisms or the like
("Received Materials") shall be deemed to be non-confidential and free of any
claims of proprietary or personal rights unless you explicitly state in the
correspondence that the letter is "not for publication" and contains "private
and proprietary" information that may not be distributed. Learning A-Z shall
have no obligation of any kind with respect to such Received Materials and
Learning A-Z will be free to reproduce, use, disclose, exhibit, display,
transform, edit, abridge, create derivative works from, and/or distribute, the
Received Materials without limitation or restriction. Furthermore, Learning A-Z
is free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Learning A-Z for any purpose whatsoever, including,
but not limited to, developing, manufacturing, and marketing products using such
information, without compensation or any other obligations to anyone, including
you.
16. PRIVACY
Read Learning A-Z's privacy statement.
17. RESTRICTIONS ON USE
You may not use Learning A-Z or its content for any illegal purpose or in any
manner inconsistent with these Terms and Conditions. You agree to use Learning
A-Z solely for your own noncommercial use and benefit and not for resale or
other transfer or disposition to any other person or entity.
18. SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the
provision will be enforced to the maximum extent permissible and the other
provisions of this Agreement will remain in force.
19. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on a Learning A-Z
website constitute the entire agreement between you and Learning A-Z and govern
your use of the Service.
20. REFUSAL OR DISCONTINUANCE OF SERVICE
Learning A-Z reserves the right to refuse or discontinue service to any user for
noncompliance with these Terms and Conditions.
21. CHOICE OF LAW AND FORUM
The laws of the State of Arizona will govern this Agreement. The laws of the
State of Arizona will govern any dispute arising from the terms of this
agreement or breach of this agreement and you agree to personal jurisdiction by
the state and federal courts sitting in Tucson, Arizona. The parties hereby
expressly waive trial by jury in any action, proceeding or counterclaim brought
by either of the parties against the other on any matters whatsoever arising out
of, or in any way connected with, these Terms and Conditions and agree to submit
to binding arbitration.
