Welcome to the Voyager Sopris Learning, Inc. web site located at www.voyagersopris.com. This User Agreement (this "Agreement") sets forth the terms under which you may use the web site (this "Site"). As used in this Agreement, the terms "we," "us," and "our," mean Voyager Sopris, and "you" and "your," refer to all individuals and entities accessing this Site for any reason. BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, AGREE TO BE BOUND BY AND UNDERSTAND THIS AGREEMENT, AND THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS. If you have any questions about your obligations under this Agreement, email email@example.com.
1. Modification to Terms of this Agreement. Voyager Sopris reserves the right to revise, amend or modify the terms of this Agreement at any time and in any manner at its sole discretion. Please check these terms periodically for changes. Notice of any revision, amendment or modification of the terms will be posted in this section of the Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THIS SITE.
2. Limited License and Site Use. Subject to the terms of this Agreement, Voyager Sopris grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site that you are authorized to access for your personal, informational, and noncommercial use. This Site may only be used by authorized users for lawful purposes. Except as otherwise stated in this Agreement, you may not: (a) Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, or other materials on, generated by or obtained from this Site (collectively, "Materials"); (b) Use any automated means to access the Site or collect any information from the Site, including without limitation robots, spiders or scripts (This means, among other activities, that you agree not to engage in the practices of "screen scraping," database scraping," or any other activity with the purpose of obtaining information from this Site); (c) Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (d) Engage in any conduct that could damage, disable, or overburden (i) this Site, or (ii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site; (e) Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, systems, networks, servers, or accounts related to this Site; (f) to distribute (by whatever means) materials that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful or objectionable; or (g) use this Site or any of our services in any commercial manner, specifically, any commercial solicitation by you of our customers, clients, partners or guests is prohibited.
Contemporaneous online scoring for DIBELS Next cannot be used on any of the following: a mobile computing device that includes an integrated screen with a diagonal size of less than 11 inches; a mobile computing device that includes an integrated touch screen; or, a touch screen computer input device. Examples include (but are not limited to) digital pens, PDAs, pocket PCs, tablet PCs, mobile phones, mobile internet devices, and notebooks and laptops with a diagonal size of less than 11 inches. Any attempted use on such a device will automatically terminate a customer's right to continue using VPORT for DIBELS Next online scoring. Any customer wishing to use contemporaneous online scoring for DIBELS Next on such a device should contact Amplify Education, Inc. at http://www.amplify.com/contact.
3. Intellectual Property. All Materials included on this Site (including, without limitation, text, graphics, logos, button icons, images, audio clips and software) are the property of Voyager Sopris or the parties specifically indicated, and are protected by U.S. and international copyright laws. The collection, arrangement and assembly of any Materials on this Site are the exclusive property of Voyager Sopris, its licensors, and protected by U.S. and international intellectual property laws, including copyright laws. All software used on this site is the property of Voyager Sopris, or its software suppliers, and protected by U.S. and international intellectual property laws, including copyright laws. The Materials and software on this site may be used solely as provided in this Agreement. Any other use of the Materials on this Site is strictly prohibited. VOYAGER SOPRIS LEARNING and any other Voyager Sopris graphics, logos and service names are trademarks of Voyager Sopris. All other marks contained on this site are the sole property of the parties indicated.
4. Submissions. Except for information related to student performance in the Voyager Sopris educational programs submitted by a registered user, all submissions, written or otherwise, disclosed, submitted or offered to Voyager Sopris on or by this Site or otherwise disclosed, submitted or offered by you in connection with your use of this Site (collectively, "Comments") are and remain Voyager Sopris' exclusive property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Voyager Sopris of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Voyager Sopris will thus own exclusively all such rights, titles and interests and shall not be limited in any way in its use or implementation, commercial or otherwise, of any Comments. Voyager Sopris is and shall be under no obligation (a) to maintain any of your or any user's Comments in confidence; (b) to pay to you or any user any compensation for any Comments; or (c) to respond to any of your or any other user Comments. You agree, represent, and warrant that Comments submitted by you to this Site do not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree, represent and warrant that Comments submitted by you to this Site do not contain libelous or otherwise unlawful, abusive, obscene or pornographic material. You are and shall remain solely responsible for the content of any Comments you make.
5. Email Communications. You hereby authorize Voyager Sopris to send electronic mail to you for the purpose of advising you of changes or additions to this Site, or about any of Voyager Sopris' products or services. If you do not want to receive these emails from Voyager Sopris, you may contact us at firstname.lastname@example.org and remove your email address from the mailing list. You agree that it is your sole responsibility to scan any documents attached to our electronic mail for computer viruses, and to hold Voyager Sopris harmless for any computer viruses you may receive from electronic mail sent from Voyager Sopris.
6. Passwords and Registration. The following part of this Site is protected by passwords and requires a login. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Voyager Sopris of any unauthorized use of your registration or password.
7. Termination. Upon any breach by you of this Agreement, Voyager Sopris may pursue, in its sole discretion, all of its legal remedies, including but not limited to termination of your registration and your ability to access this Site. Voyager Sopris may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. You agree that any termination of your access to this Site may be effected without prior notice, and you acknowledge and agree that Voyager Sopris may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to this Site. Further, you agree that Voyager Sopris is not liable to you or any third-party for any termination of your access to this Site.
8. Links. Voyager Sopris may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond Voyager Sopris' control. Voyager Sopris makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against Voyager Sopris, with respect to such sites. Voyager Sopris IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. If you decide to access linked third party Web sites, you do so at your own risk.
9. Territory. Unless otherwise specified, the Materials in this Site are presented solely for the purposes of education, entertainment, personal enrichment and the promotion of products and services available in the United States. We control and operate this Site from our offices in Dallas, Texas, U.S.A. We make no claims that the Materials are appropriate for use outside of the United States. If you choose to use this Site from outside of the United States, you are solely responsible for compliance with your local laws.
10. Choice of Law; Arbitration. This Agreement is governed by and will be construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflict of laws. You agree that any action at law or in equity arising out of or relating to this Agreement or arising out of your use of this Site shall be resolved through binding arbitration using the then current rules of the American Arbitration Association, in Dallas, Texas, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court. You can address such grievances through arbitration only and you are hereby consenting to do it in Dallas, Texas, using Texas' laws (without regard to Texas' rules on conflict of laws). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas County, Texas as necessary to protect the party's rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas. If any provision of this Agreement is deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the fullest extent allowed by law, and shall not affect the validity and enforceability of any remaining provisions.
11. Disclaimer of Warranty. THIS SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VOYAGER SOPRIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VOYAGER SOPRIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AND SERVICES, AS TO THE QUALITY AND PERFORMANCE OF THE MATERIALS AND SERVICES, AND AS TO THE ACCURACY OR COMPLETENESS OF THE MATERIALS AND SERVICES IS ASSUMED SOLELY BY YOU. VOYAGER SOPRIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, COMPLETENESS, QUALITY, SUITABILITY, RELIABILITY OR OTHERWISE. YOU (AND NOT VOYAGER SOPRIS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF THE MATERIALS ON THIS SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
12. Limit on Liability. IN NO EVENT IS VOYAGER SOPRIS LIABLE FOR ANY LOST PROFITS OR PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF VOYAGER SOPRIS OR A VOYAGER SOPRIS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE MATERIALS, OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL VOYAGER SOPRIS BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $100. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
13. Indemnity. You agree to indemnify, defend and hold Voyager Sopris and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Voyager Sopris Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by you in connection with: (a) any use or alleged use of the Site or the Materials under your password by any person, whether or not authorized by you; (b) your violation of this Agreement; or (c) your violation of the rights of any other person or entity. Voyager Sopris reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Voyager Sopris' defense of such claim.
14. Notice and Procedure for Making Claims of Copyright Infringement. If you have a claim of copyright infringement, you must send proper written notification to the following Designated Agent:
Attn: Chief Financial Officer
Voyager Sopris Learning, Inc.
17855 Dallas Parkway, Suite 400
Dallas, TX 75287
Voyager Sopris has no obligation to respond to any notification that does not comply with the United States Copyright Act.
15. General. This Agreement constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to your use of this Site. You shall comply with all laws and regulations applicable to your access and use of the Site. Voyager Sopris' failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Voyager Sopris shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. Voyager Sopris may change, remove, or require registration or payment to continue use of any aspect of the Site at any time without further notice to you.