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Terms of Use

Engage Learning, Inc. Terms of Use

Please read these terms and conditions carefully before using this site. By using this Web site, you signify your agreement to these terms. If you do not agree to these terms, please do not use this Web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Web site following the posting of changes to these terms constitutes your acceptance of those changes.

  1. Trademark Notice

    Engage Learning products, programs, and services referenced throughout this site are federally registered trademarks of Engage Learning in the United States of America. For current trademark information, contact the Engage Learning, Inc. at inf@engagelearning.com or by calling 734.214.0901

  2. Copyright and Intellectual Property Policy

    Copyright 2001, 2006, and 2006 by Engage Learning, Inc. Ann Arbor MI. 48104, U.S.A. All Rights Reserved. Some materials delivered from this Web site may contain other proprietary notices and copyright information relating to those materials. Engage Learning, Inc. and/or its contributors own all photographs, information, materials and other content contained on this Web site. This Web site contains original works of authorship that are the proprietary property of Engage Learning and/or its contributors, and which are protected under U.S. and international copyright and intellectual property laws. It is prohibited to copy, reproduce, modify, display, republish, upload, post, transmit, distribute, alter, prepare any derivative works of, or otherwise use any material from this Web site, including without limitation code, software, photographs, and images, without the prior express written consent of Engage Learning. You also agree that you will not use any automated device, or manual process to monitor or copy any content from this site

  3. Links

    Engage Learning does not object to links made to its site from other sites. However, there are certain terms and conditions that should be followed.

    A link to an Engage Leaning Web site is permissible using the plain text URL www.engagelearning.com or the plain text name of Engage Learning. Unless Engage Learning enters into a specific written agreement with the party wishing to link, use of any of Engage Learning names, logos, designs, images, photographs, slogans, product trademarks, or service marks in or with the party's links is not permissible.

    Engage Learning will only provide endorsement of products, services, or viewpoints of any company or organization on the Engage Learning website or in writing to the company or organization. Therefore, a link to the Engage Learning Web site may not be presented in any way that suggests Engage Learning has a relationship or affiliation with the party's site or endorses, sponsors, or recommends the information, products, or services on that site. Without the prior express written permission for a particular use from Engage Learning, no Engage Learning name, logos, designs, images, photographs, slogans, product trademarks, or service marks should be used in any advertising, publicity, promotion, or in any other commercial manner.

    Due to frequent content updates, Engage Learning recommends that the link be only to the home page of www.engagelearning.com Without express written permission for a particular use, no content from this Web site should be incorporated into the party's site, e.g., by in-lining or framing. In addition, no Engage Leaning logos, designs, images, photographs, slogans, product trademark or service marks, or any other words or codes identifying Engage Learning Web sites should be used in any META tag or other information used by search engines or other information location tools to identify and select sites. At any time, an agent of Engage Learning may contact you or an agent of your company and organization and ask you to remove a link to our website if we find that its use I inconsistent with our mission, research or philosophy as deemed by the President d and CEO of Engage Learning. Therefore, the privilege of linking to the Engage Learning website may be terminated at any time based on the direct request of Engage Learning

  4. Information Warranty

    Disclaimer: All materials and related graphics provided by this Web site and any other materials that are referenced by or linked to this Web site are provided "as is" without warranty of any kind, either express or implied. To the maximum extent permitted by law, Engage Learning hereby disclaims all warranties and conditions with regard to any materials provided by this Web site or any other materials that are referenced by or linked to this Web site, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement.

    Engage Learning makes no representations about the suitability of the information delivered from this Web site or any other materials that are referenced by or linked to this Web site for any purpose. Engage Leaning does not warrant the accuracy, quality, reliability, content, or legality of any materials provided by this Web site or any other materials that are referenced by or linked to this Web site. Engage Learning assumes no responsibility for errors or omissions in the materials provided by this Web site or any other materials that are referenced by or linked to this Web site.

    Engage Learning does not warrant that the functional aspects of this Web site will be error free or uninterrupted, that defects will be corrected, or that this Web site or the server that makes it available are free of viruses or other harmful components.

  5. Limitation of Liability

    In no event, including but not limited to negligence, shall Engage Learning be liable under any theory of tort, contract, strict liability, or other legal or equitable theory for any special, indirect, incidental, consequential, exemplary, or punitive damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials provided by this Web site or in any other materials that are referenced by or linked to this Web site, even if Engage Learning or an authorized representative of Engage Learning has advised the user of the possibility of damages. In no event shall the cumulative liability to any party for any damages, losses, or causes of action, whether in contract, tort, or otherwise, arising out of or related to this Web site or to these terms, exceed the amount paid, if any, for accessing this Web site.

  6. Content Posted by Third Parties

    Any party who posts information to the Engage Learning Web site and Engage Learning message boards agrees not to post any material that is bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, a violation of any copyright or trademark rights, invasive of privacy rights, or a violation of the rights of any party, and further agrees not to represent himself or herself as someone else. Engage Learning does not permit any commercial postings, advertising or soliciting, posting of viruses, or off-theme postings.

    Engage Learning is under no obligation to monitor the information residing on or transmitted to this Web site; however, any party who posts information to this Web site agrees that Engage Learning may take appropriate action in order to prevent the violation of the rights of Engage Learning or of other parties, in order to comply with any law, regulation, or other governmental request, or in order to operate this Web site properly or to protect itself or others. Engage Learning reserves the right to modify, reject, or eliminate any information residing on or transmitted to this Web site that, in its sole discretion, it believes is unacceptable or in violation of these terms and conditions. Any party who posts information to this Web site remains solely responsible for the content of their postings.

    The use, distribution, or publication of any materials posted by third parties does not constitute or imply an endorsement of those materials or of any opinions or comments in those materials. Engage Learning disclaims all responsibility for any bigoted, hateful, racially offensive, libelous, defamatory, obscene, pornographic, threatening, abusive, illegal, or copyright or trademark infringing material, or material that is invasive of privacy rights or a violation of the rights of any party, posted to this Web site or listserv by any third party.

    Any party who posts information to any part of this Web site or message boards represents that it is the sole owner of all rights in materials posted by it (including all related copyrights) or that it has the absolute right to license their use as provided in this section. Engage Learning shall have no duty to attribute authorship of the posting to the posting party. Engage Learning shall not be obligated to enforce any form of attribution by third parties. By submitting messages, information and material to any public area of this site or its associated listserv, you are granting Engage Learning a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part, or incorporate it in any form, medium, or technology now known or later developed. Engage Learning may sublicense all of its rights and licenses or assign them to third parties.

  7. Submissions

    The long-standing policy of Engage Learning does not allow it to accept or consider creative ideas, suggestions, or materials other than those specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Engage Learning's professional staff might seem to others to be similar to their own creative work. Engage Learning requests that parties not submit any unsolicited original materials such as ideas, lesson plans, workshops, project ideas, book ideas, manuscripts, or original artwork, or any other creative ideas, suggestions, or materials (unless specifically requested by Engage Learning).

    If, at the request of Engage Learning, a party sends certain specific submissions or, despite the request of Engage Learning, a party sends any creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information, these submissions are, and will be treated as, nonconfidential and nonproprietary. Engage Learning will not be liable for any use or disclosure of any submissions. Neither Engage Learning nor any third party using the submission in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the submission. Engage Learning shall have no duty to attribute authorship of the submission to the submitting party. Engage Learning shall not be obligated to enforce any form of attribution by third parties.

  8. Indemnification

    Any party who has an account with Engage Learning is entirely responsible for maintaining the confidentiality of their password and account and for all activities that occur under their account. Engage Learning will not be responsible for any damages suffered by any party as a result of any instructions received from the party's e-mail account using the party's password. Any party who uses this Web site hereby indemnifies, defends, and holds Engage Learning and its affiliates, officers, directors, agents, information providers, licensors, and licensees harmless from and against any and all claims, actions, liabilities, losses, damages, costs, or expenses (including reasonable attorneys fees), whether direct or indirect, by contract, in tort, by operation of law, or otherwise, incurred by or asserted or awarded against Engage Learning or its affiliates, officers, directors, agents, information providers, licensors, and licensees in connection with any claim arising out of any breach by any party of these terms and conditions or claims arising from the account of any party, including, but not limited to, the use of the party's e-mail account and password by any individual. All parties shall use their best efforts to cooperate with Engage Learning in the defense of any claim. Engage Learning reserves the right, at Engage Learning's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any party.

  9. Miscellaneous

    If any part of these terms is held to be unenforceable, the unenforceable part shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. The failure of Engage Learning to exercise or enforce any right or provision contained herein shall not constitute a waiver of that right or provision.

  10. General Notice

    Engage Learning may give notice by means of a general notice on any Engage Learning Web site, electronic mail to a party's e-mail address on our records, or by written communication sent by first class mail to a party's address on Engage Learning's records.

  11. Notice and Procedure for Making Claims of Copyright Infringement

    Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to Engage Learning's Designated Agent.

    Notification must be submitted to the following Designated Agent:

    • Name of Agent Designated To Receive Notification of Claimed Infringement: Vice President
    • U.S.A.Telephone Number of Designated Agent: 734.214.0901
    • Facsimile Number of Designated Agent: 734.214.0903
    • E-mail Address of Designated Agent: vicepresident@engagelearning.com
    • Please phone or email in the event that you need the actual physical mailing address.

    To be effective, the notification must be a written communication that includes the following:

    • A physical or electronic signature of a person authorized to act on behalf of an owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Engage Learning to locate the material;
    • Information reasonably sufficient to permit Engage Learning to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  12. Applicable Law

    This site is created and controlled by Engage Learning in the State of Michigan. As such, the laws of the State of Michigan will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts in Washtenaw County in the State of Michigan and of the United States of America for any litigation arising out of or relating to use of or purchase made through Engage Learning. Engage Learning makes no representation that the content of this Web site is available or appropriate for use in other locations. Any party who uses this Web site from other locations is responsible for compliance with applicable local laws.

  13. Severability

    The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between you and Engage Learning regarding your relationship with Engage Learning and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Engage Learning Web site. The aforementioned Terms of Use are subject to change. If you have questions regarding this policy, please search this site's help section or contact us at vicepresident@engagelearning.com. You can also use this address to bring any concerns you might have to our attention.

Due to the evolving technologies on the Internet, we may update this policy. All revisions will be posted to this site.

Copyright 2006 Engage Learning
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