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GiftedandTalented.com's Terms of Use and Copyright Notice

GiftedandTalented.com

WEBSITE TERMS OF USE AND COPYRIGHT NOTICE

The following terms and conditions (the "Agreement") apply to your access to, and use of the GiftedandTalented.com website as well as any other McGraw-Hill Global Education Holdings, LLC ("MHE") controlled sites, regardless of domain name or IP address (collectively "Site" or "GiftedandTalented.com") and online educational products and services (the "Services"). The Service is owned and operated by MHE.


PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH MHE, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITE. BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR THE SERVICES.


  1. DEFINITIONS

The following terms of this Agreement shall have the meaning as set forth herein:

  1. "Member or Members" shall mean you are registered with the Site for a GiftedandTalented.com User ID and password;
  2. "Student or Students" shall mean that you are a registered student or parent or legal guardian on behalf of a student, with a GiftedandTalented.com User ID and password for the Site, and have enrolled or have enrolled your child in courses and/or instructional support offered within and through the Site and have paid the corresponding fees;
  3. "User" shall mean a Student and/or Member;

  4. ACCESS

GiftedandTalented.com hereby grants User a personal, nontransferable, non-sublicensable, non-exclusive license to access and use the Solution solely for User's personal, non-commercial, educational use, and only in accordance with the written instructions/directions provided by GiftedandTalented.com. Subject to the terms and conditions of this Agreement, the software and services provided in connection with the Services are solely for User's own personal use, and not for the use or benefit of any third party. GiftedandTalented.com may change, suspend or discontinue the Services, including the availability of any feature, database or content, at any time, or modify this Agreement with or without notice to User. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this Agreement as modified. User agrees that GiftedandTalented.com shall not be liable to User or to any third party for any modifications, suspensions or discontinuance of the Site, or any portion thereof. Nothing in this Agreement shall be construed to obligate GiftedandTalented.com to maintain and support the Site, or any part of portion thereof, during the term of this Agreement.

In order to use GiftedandTalented.com User must be at least 18 years of age or be 13 or older and have your parent or guardian’s consent to this Agreement and, if User represents a subscribing entity (“Subscriber”) and is not using GiftedandTalented.com in User’s individual capacity, User (i) is an employee, director, or agent of the Subscriber; (ii) confirms that Subscriber has agreed to be bound to this Agreement and privacy notice; and (iii) is authorized by Subscriber to use GiftedandTalented.com on its behalf. User also certifies that User is legally permitted to use the Services and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.


III. INTELLECTUAL PROPERTY

User agrees that all content and materials available on or delivered through the Site or the Services (the "Content”) is the property of GiftedandTalented.com and/or its affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law. GiftedandTalented.com is the owner and/or authorized user of all trademarks, logos, service marks and trade names (collectively the "Trademarks") on the Site Except as otherwise expressly provided herein, User’s use of the Site does not grant to User a license to any Content or Trademark User may access on the Site and no intellectual property rights of any kind are assigned or transferred to User under this Agreement. Use of the Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.


  1. USER CONTENT

The Site and Services may permit the submission of communications and other content submitted by User ("User Generated Content") and the hosting, sharing, and/or publishing of such User Generated Content. User Generated Content should not contain any confidential information.

User owns the rights to anything User posts to the Services, including text and photographs. By submitted User Generated Content, User hereby grants GiftedandTalented.com an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all User Generated Content provided, in any media now known or hereafter devised. With respect to all e-mails User sends GiftedandTalented.com, including but not limited to feedback, questions, comments, suggestions, and the like, GiftedandTalented.com shall be free to use any ideas, concepts, know-how, or techniques contained in  the communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

GiftedandTalented.com does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein. User shall be solely responsible for its User Generated Content including any third party permissions or royalty fees required and the consequences of posting or publishing them. GiftedandTalented.com does not and cannot review all User Generated Content, and is not in any manner responsible for the content of the User Generated Content and User hereby irrevocably releases GiftedandTalented.com and its affiliates from any and all liability arising out of or relating to any User Generated Content. GiftedandTalented.com reserves the right to block or remove communications or materials that it determines to be in violation of this policy or is offensive or otherwise unacceptable to GiftedandTalented.com in its sole discretion.


  1. COMMUNITY GUIDELINES

While using the Site and the Services, User agrees not to:

  • use the Site or the Services in violation of any applicable law;
  • use the Site or the Services or features in violation of GiftedandTalented.com's or any third party's intellectual property or other proprietary, personal or legal rights;
  • obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means;
  • attempt to gain unauthorized access to other computer systems through the Site;
  • impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof;
  • use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
  • obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site;
  • use the Services or any Content for any purpose that is unlawful or prohibited by this Agreement, or that infringes the rights of GiftedandTalented.com, other Users or others.

  1. REGISTRATION; SECURITY

Members and Students are required to register with GiftedandTalented.com and select a password and User name ("GiftedandTalented.com User ID"). User shall provide GiftedandTalented.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. GiftedandTalented.com reserves the right, in its discretion, to cancel or refuse registration of a GiftedandTalented.com User ID. User shall be responsible for maintaining the confidentiality of User's GiftedandTalented.com password and other account information.


VII. THIRD PARTY SITES

The Site may contain links to third-party websites ("External Websites"). These links are provided solely as a convenience to User and not as an endorsement by GiftedandTalented.com of the content on such External Websites. GiftedandTalented.com is not responsible for the content of any linked External Websites and does not make any representations regarding the content or accuracy of materials on such External Websites. GiftedandTalented.com 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 the use of or reliance on any content, goods, information, or services available on or through any such website or resource.


VIII. INDEMNIFICATION

User is responsible for all of its activity in connection with the Services. User shall defend, indemnify, and hold harmless GiftedandTalented.com, its affiliates, and each of its and its affiliates' officers, directors, employees, successors, licensees, service providers, and assignees from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from: (i) User's access, to, use or misuse of the Content, the Site, or the Services, (iii) User’s User Generated Content, or (iii) User's violation of this Agreement.


  1. WARRANTY DISCLAIMER

GiftedandTalented.com DOES NOT WARRANT THE COMPLETENESS, ADEQUACY, ACCURACY, OR USEFULNESS OF THE SOLUTION ANY OTHER MATERIALS OR SOLUTION PROVIDED HEREUNDER (COLLECTIVELY, THE "MATERIALS"). THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL DEFECTS. GiftedandTalented.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, GiftedandTalented.com MAKES NO WARRANTY THAT (i) THE MATERIALS WILL MEET THE REQUIREMENTS OF SUBSCRIBER, (ii) THE SOLUTION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY GiftedandTalented.com, ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES. To the extent that GiftedandTalented.com may not as a matter of applicable law disclaim an implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.


  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY (OR TO ANY OTHER PERSON CLAIMING RIGHTS DERIVED FROM SUCH PARTY'S RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF USE, LOSS OF COST OR OTHER SAVINGS, LOSS OF GOODWILL OR REPUTATION) OR LOSS OF DATA WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING FROM OR RELATING TO THE SOLUTION, THE MATERIALS OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF USE, REGARDLESS OF WHETHER SUCH PROTECTED ENTITY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. GiftedandTalented.com'S MAXIMUM LIABILITY ARISING FROM OR RELATING TO THE SOLUTION, THE MATERIALS OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNTS PAID BY USER TO GiftedandTalented.com IN CONNECTION WITH USER'S USE OF THE SOLUTION. To the extent the foregoing exclusion of liability is not permitted under applicable law, the Protected Entity’s liability in such case will be limited to the greatest extent permitted by law.


  1. TERMINATION

 GiftedandTalented.com may restrict, suspend, or terminate this Agreement and User’s access to the Services and/or all or any part of the Site, at any time and for any reason without prior notice or liability.

Upon termination notice from GiftedandTalented.com, User will: (i) no longer access (or attempt to access) the Services and (ii) delete all software (and copies thereof) provided in connection with the Services. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.


XII. PRIVACY

GiftedandTalented.com’s current privacy policy is available at http://support.giftedandtalented.com/hc/en-us/articles/202973840-What-Is-GiftedandTalented-com-s-Privacy-Policy- which is incorporated herein by reference.

XIII. INFRINGEMENT NOTIFICATION. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send notifications of the claimed infringement to: GiftedandTalented.com DMCA Claims Attn: Legal 9227 Haven Avenue, Suite 210 Rancho Cucamonga, CA 91730. Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

XIV. MISCELLANEOUS

This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements and commitments with respect thereto. There are no other oral or written understandings, terms or conditions with respect to the subject matter of the Agreement, and neither party has relied upon any representation, express or implied, not contained in the Agreement. The rights and remedies of the parties are cumulative and not alternative. No waiver of any rights is to be charged against any party unless such waiver is in writing signed by an authorized representative of the party so charged. Neither the failure nor any delay by any party in exercising any right, power, or privilege under the Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. No modification of or amendment to the Agreement will be effective unless in writing signed by authorized representatives of both parties. If any provision of the Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Agreement will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties' intent. User may not assign or otherwise transfer any of its rights or obligations under the Agreement without the prior written consent of GiftedandTalented.com, which consent may be granted or withheld in its sole and absolute discretion. Subject to the foregoing, the Agreement will be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any purported or attempted assignment or other transfer or delegation in violation of this Section shall be null and void.


 

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