TeacherVision® Website Terms of Use (Revised 8/2016)

FEN LEARNING, INC. ("FEN") PROVIDES THE TEACHERVISION® SERVICE TO YOU.

BY REGISTERING FOR TEACHERVISION® OR BY SIMPLY USING OR ACCESSING THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND PRIVACY STATEMENT SPECIFICALLY RELATING TO THIS SITE, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART THEREOF, YOU SHOULD NOT USE THIS SITE. BY REGISTERING FOR TEACHERVISION® OR BY SIMPLY USING OR ACCESSING THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THIS TERMS OF USE.

IMPORTANT NOTICE: these Terms contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of this Site. Please read these terms carefully and make sure that you understand them before continuing with your use of the Site. If you do not agree to such terms, please do not use the Site.

I. ACKNOWLEDGMENT OF TERMS OF USE

These Website Terms of Use including the Privacy Statement ("Terms of Use") comprise the entire agreement between you, either as a User or Member, and FEN with regard to the subject matter contained herein, and supersede any prior agreements pertaining to such subject matter. For purposes of this Terms of Use, a "Member" shall mean a person who has subscribed to, and paid for, the TeacherVision® Membership Service ("TV Membership Service"). A "User" means any person, other than a Member, who registers for the Site or who uses or accesses information from this Site.

II. USERS

A User may use this Site ("Site" or "TV Site") for free but will only be able to access limited features and content on the Site. FEN reserves the right to change the limitations of or discontinue free access to the Site at any time for any reason. Subject to this Terms of Use, a User is granted access to use the Site for personal and non-commercial purposes only. Modifications of any materials on the Site or use of the Site materials for any purpose other than as contemplated in these Terms of Use may be a violation of FEN's and/or its licensors' copyright and other proprietary rights. Unless expressly permitted by these Terms of Use, User agrees not to reverse engineer, duplicate, publish, modify, retain, or otherwise distribute the materials on this Site unless specifically authorized in writing by FEN to do so. You agree not to use another any other person’s user name and password to access the Site or any portions thereof. FEN reserves the right to suspend or terminate any User or Member at any time in the event that person does not comply with any provision of this Terms of Use.

III. PURCHASES MADE VIA THE SITE; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including the TV Membership Service, the terms of which are set forth at TeacherVision® Membership Terms. Such additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion or the specific service.

IV. DESCRIPTION OF THE TV MEMBERSHIP SERVICE

FEN provides Members with certain benefits and privileges on the TeacherVision® Site that are not available to Users. These benefits and privileges include, but are not limited to access to Member-only content on the Site ("TV Membership Service"). The TV Membership Service including its benefits and privileges may be modified and/or discontinued at any time and at the sole discretion of FEN as further described below.

Subject to this Terms of Use, Member is granted the right to access and use the Site including the TV Membership Service for personal and non-commercial use only. Modifications or use of any materials on this Site including the TV Membership Service for any purpose other than as contemplated in this Terms of Use is a violation of FEN's and/or its licensors' copyright and proprietary rights. Unless expressly permitted by these Terms of Use, Member agrees not to reverse engineer, duplicate, publish, modify, retain or otherwise distribute the materials on this site unless specifically authorized in writing by FEN to do so.

V. USE OF REGISTRATION DATA

Information that you provide to the TV Site or which we collect from you regarding your use of the TV Site will be subject to our Privacy Statement.

VI. MODIFICATIONS TO TERMS OF USE

This Terms of Use may be revised from time to time through an updated posting, and therefore you should check this Terms of Use periodically. Revisions are effective upon posting and your continued use of the Site or the TV Membership Service following the posting of a revision will indicate your acceptance of such revision. However, any changes to the Arbitration and Controlling Law sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.

VII. MODIFICATIONS TO OR DISCONTINUANCE OF THE SERVICE

FEN reserves the right to modify or discontinue, temporarily or permanently, the Site, the TV Membership Service, or any parts thereof. In the case of any scheduled temporary or permanent discontinuance of the TV Membership Service, FEN will endeavor to provide reasonable advance notice to Members. If FEN permanently discontinues the TV Membership Service prior to the end of a Member’s then-current subscription term, provided such Member actually paid the subscription fees, FEN will refund the amount paid that exceeds such Member’s prorated subscription fee (calculated by dividing the days of active subscription from the date of registration/renewal to the date of permanent discontinuance of the TV Membership Service by FEN, by the total number of days the subscription would have been effective had it not been for the discontinuance (i.e., 365 if it's a one year subscription), and multiplying the result with the amount of the subscription fee actually paid by the Member). No refunds, partial or otherwise, will be provided for any temporary discontinuance of the Site, including the TV Membership Services or any portions thereof, including, without limitation, for emergency or routine maintenance or due to reasons beyond FEN’s reasonable control.

FEN reserves the right to change the price of the subscription to the TV Membership, provided that such price change will not apply to the then-current term of any subscription then existing.

VIII. MEMBER AND USER CONDUCT

Members and Users agree to abide by all applicable local, state, national, and international laws and regulations in Member's or User's use of the Site, the TV Membership Service and any portions thereof, and agree not to interfere with the use and enjoyment of the Site, TV Membership Service or any portions thereof by other Members or Users. Member agrees to be solely responsible for the contents of Member's transmissions through the Site including the TV Membership Service.

Members and Users agree (a) not to use the Site, TV Membership Service or any portions thereof for illegal purposes; (b) not to interfere with or disrupt the Site, TV Membership Service or any portions thereof or servers or networks connected to the Site and TV Membership Service; and (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Site and TV Membership Service.

Members and Users agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Site or the TV Membership Service.

Members and Users shall not upload, post or otherwise make available on the TV Site or TV Membership Service any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with the applicable Member or User. Members and Users shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any area of the Site or TV Membership Service, each Member and User automatically grants, or warrants that the owner of such material has expressly granted, FEN the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Members and Users also permit any other Members and Users to access, view, store or reproduce the material for that Member's or User's personal use. Members and Users hereby grant FEN the right to edit, copy, publish and distribute any material made available on the Site or TV Membership Service by a Member or User.

IX. FEN PROPRIETARY RIGHTS

The Site and TV Membership Service contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by FEN and portions of which are owned by other parties and licensed to FEN. The entire contents of the Site and TV Membership Service are copyrighted as a collective work/compilation. FEN owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Members and Users may NOT modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Unless otherwise specified, Members and Users may download one (1) single copy of the copyrighted material for a Member's or User's personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of FEN (or the copyright owner(s) if other than or in addition to FEN). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Members and Users agree that they do not acquire any ownership rights by downloading copyrighted material.

FEN always welcomes suggestions and comments regarding this site from Members and Users. Any comments or suggestions submitted to this site or FEN, either online or offline, will become FEN's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by FEN might seem to others to be similar to their own submissions or comments.

X. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNIFICATION

Disclaimer of Warranties: Use Is At User's or Member's Risk. EACH USER AND MEMBER EXPRESSLY AGREES THAT USE OF THE TV SITE AND TV MEMBERSHIP SERVICE IS AT EACH USER'S AND MEMBER'S OWN RISK. EACH USER AND MEMBER SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF THEIR PASSWORD(S) AND OTHER ACCOUNT CREDENTIALS, IF ANY. TO THE EXTENT PERMITTED BY LAW, NEITHER FEN, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE TV SITE OR TV MEMBERSHIP SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TV SITE OR TV MEMBERSHIP SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE TV SITE OR TV MEMBERSHIP SERVICE. IT IS EACH MEMBER’S AND USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE TV SITE OR TV MEMBERSHIP SERVICE OR ANY SITES WITH WHICH THEY ARE LINKED. FEN PROVIDES TECHNOLOGY AUTOMATICALLY PRODUCING SEARCH RESULTS THAT LINK AND/OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE FEN HAS NO CONTROL OVER SUCH SITES AND INFORMATION, FEN MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND FEN ASSUMES NO RESPONSIBILITY AS TO WHETHER THE SEARCH LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF SEARCHES ON FEN SITES MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. WE MAKE NO CLAIM THAT SUCH SURPRISES MIGHT NOT OCCUR.

THE MATERIALS AND INFORMATION PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE SITE, THE CONTENTS THEREOF, OR ANY HYPERLINKS TO OTHER INTERNET RESOURCES.

Limitation of Liability: To the extent permitted by law, FEN Learning, Inc. and its parents, subsidiaries, affiliates, officers, directors, employees and agents (the “FEN Parties”) shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Site or any information provided on the Site, including but not limited to, damages caused by your reliance on the accuracy, completeness or timeliness of information provided on the Site or your provision of user information or other information to the Site, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the FEN Parties’ negligence, gross negligence, recklessness, fraud or other wilful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.

Indemnification: To the extent permitted by law, you agree to indemnify, defend and hold harmless the FEN Parties from and against all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your breach of any provision of these Terms of Use, your violation of the rights of a third party and/or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense. You will not be required to indemnify and hold the FEN Parties harmless from and against any claims, liabilities, damages, losses, or expenses resulting from the FEN Parties’ own negligent conduct.

XI. ARBITRATION

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by using the Site, you agree that if a dispute arises between you and the FEN Parties relating in any way to the Site and/or your use of the Site, including common law or statutory claims, BOTH YOU AND THE FEN PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE FEN PARTIES MUST BE ARBITRATED IN MASSACHUSETTS. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE FEN PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE RESOLVED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the FEN Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH ABOVE IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.

RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.

XII. MISCELLANEOUS

Entire Agreement:
This Terms of Use, and any operating rules for the TV Site and TV Membership Service established by FEN, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Controlling Law:
This Terms of Use shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules.

Headings:
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.

Digital Millennium Copyright Act Compliance:
If you have copyright concerns about any materials posted on this Site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. 512). If you have any complaints or objections to material posted on this Site, please contact our Designated Agent ("Notice"):

Designated Agent
Family Education Network
50 Congress Street, Suite 1025
Boston, MA 02109
1-800-498-3264

Or, you can click here to email us about any copyright concerns about any materials posted on this Site by others.

To be effective, the Notice must include the following:

  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") 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 FEN 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 FEN to locate the material;
  • Information reasonably sufficient to permit FEN 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you have questions or concerns about your account, please contact Customer Support at: http://sandboxnetworks.custhelp.com/app/ask/p/14.

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