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Terms of Use Statement


ATTENTION: PLEASE READ THESE LEGAL TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

This is the Terms of Use Statement (“Terms of Use”) for the web sites operated either directly by EdisonLearning, Inc. or by one or more of its wholly-owned subsidiaries (collectively, the “Company”). The Company's web sites include, but are not necessarily limited to, all of the following: www.edisonlearning.com and www.oh.provostacademy.com (each a “Web Site” and collectively the “Web Sites”). The Company may at any time revise these Terms of Use by updating this posting, and your use after such change signifies your acceptance of the changed terms. You should periodically examine the current Terms of Use for changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. To view the Terms of Use at any time, visit the applicable Web Site (e.g. www.edisonlearning.com or www.oh.provostacademy.com).

WEB SITE CONTENT.
All material on the Company's Web Sites, including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, the “Content”) and all intellectual property rights therein, are owned, operated, controlled, or licensed by the Company or other individuals or organizations and are protected by worldwide copyright laws. You may use Web Site Content for your personal use for non-commercial purposes but no modification or further reproduction of content is permitted. The Web Site Content may not otherwise be copied, downloaded, uploaded, reproduced, reposted, transmitted, deleted, modified, republished, retransmitted, reused, displayed, distributed, used outside the scope of normal web browsing or used to create derivative works or performances without the express written permission of the Company or the copyright owners. All other rights reserved.

Names, trademarks, service marks, trade names, trade dress, logos and products appearing on this site are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by the Company and/or their respective owners, except with the express written permission of the Company and/or those respective owners. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any patent or trademark of the Company or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Company copyright or trademark. Other product, service and company names mentioned on the Web Sites are for identification purposes only and may be trademarks of their respective owners.

You are solely responsible for all content including, but not limited to text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, “User Content”) that you post, e-mail or otherwise transmit via the Web Sites. The Company does not control User Content posted or otherwise transmitted via the Web Sites and the Company does not guarantee the accuracy, integrity or quality of such User Content. Any communications you send to the Web Sites or otherwise to the Company by electronic mail, with the exception of personally identifiable information as defined in the Company's Internet Privacy Policy available on the Web Sites, shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, modify, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, expression, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information.

Obligations of Web Site Visitors or Users

    You agree not to do any of the following while visiting or using any of the Web Sites or any services provided by or through the Web Sites:
  • • restrict or inhibit any other user from using and enjoying the Web Sites;
  • • impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of the Company;
  • • post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
  • • post or transmit comments containing harassing or offensive language or engage in disruptive activities online, including excessive use of the return key, shouting (ALL CAPS), or flooding;
  • • post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
  • • except as expressly permitted by the rules of the Web Sites, post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of solicitation on the Web Sites or through the Web Sites;
  • • post, upload or transmit any Content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission from the owner or right holder, and such owner or holder agrees, post or transmit Content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
  • • solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
  • • violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
  • • access or use password protected, secure or non-public areas of the Web Sites without authorization;
  • • frame, repackage, or otherwise re-distribute any portion of the Web Sites; or
  • • use the Web Sites, or any services provided through the Web Sites, to collect personally identifying information about users of the Web Sites or conduct any activity in violation of the Web Sites' Privacy Policy.

The Company may, at its sole discretion, take any action the Company deems necessary, including, but not limited to, termination of access to the Web Sites, if the Company believes a user's conduct or content fails to conform with these terms and conditions or may create liability for the Company, its partners, its vendors, or other users. The Company will not be liable to you or any third party as a result of such termination or modification. The terms and conditions provided in these Terms of Use will survive any such termination or modification.

Links to Other Web Sites

The Company may provide links on the Web Sites to other web sites that are not maintained by or under the control of the Company solely as a convenience to you. If you use these links, you will leave the Web Sites. Please remember that linked web sites are not the Company's Web Sites and the information could change without the Company's knowledge. In addition, such Web sites maintain their own privacy policies and practices. Linked web sites and their contents should not be attributed to the Company in any manner. The Company has not attempted to verify the truth or accuracy of any third party site or content and does not make any representations or warranties about them. If you decide to access any of the third party web sites linked to the Web Sites, you do so entirely at your own risk. In the event the Company endorses a particular organization, we will clearly state our endorsement next to any link to that organization.

Privacy

Our policies concerning the use of your personal information are set forth in the Internet Privacy Policy on the Web Sites and are incorporated by reference herein. By using the Web Sites or the services provided by or through the Web Sites, you agree to waive and release the Company from any claim or liability in connection with the collection, use, or disclosure of information consistent with the Internet Privacy Policy.

Minors

Minors, and in particular children under the age of 13, may not be able to participate in certain activities on the Web Sites, or may be able to participate only with a parent or guardian. At various places on the Web Sites, we ask users to enter their age or birth date. The Company relies on you as a user to be truthful in responding to these questions and uses the information you provide with respect to our Internet Privacy Policy. If you are a parent or guardian who agrees to allow your minor child, or a child for whom you act as a legal guardian (defined as a "Minor"), to use the Web Sites, you agree that you will be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; (c) the consequences of any use of the Service by such Minor. The disclaimers and limitations of liability set forth herein shall apply to you for acts of the minor. If a Minor is 18 or older, but not of the age of majority in his or her state of residence, you will still be responsible for the acts of the Minor and all disclaimers and limitations of liability will still apply.

Submissions

While the Company is pleased to hear from users and welcomes your comments regarding the Company's programs and services, the Company's policies do not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by the Company's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while the Company values your feedback, the Company must ask that you do not send original creative materials except when specifically requested to do so. Whether you send submissions in response to contests or whether you send creative suggestions, ideas, notes or concepts or other materials, if you send specific submissions without a request from the Company (collectively, “Comments”), any comments you send to us by any means shall be deemed to be non-confidential, nonproprietary and we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, materials, intellectual property, know-how or techniques contained in the comments for any purpose whatsoever including but not limited to developing, manufacturing and marketing of products incorporating such information. If you have any protectible rights in the comments, you hereby grant the company a royalty free, irrevocable, and worldwide license, in perpetuity to use the comments. If we do use the comments you shall not be entitled to any credit, consideration, notice or payments of any kind. You waive any moral rights you have to the comments. Copyrights or other intellectual property rights which may result from the use of the comments shall be the sole property of the company. If any use by the company of the comments causes them to be liable to any third party you agree to indemnify the company for any and all damages, costs, judgments and expenses (including reasonable attorney fees) which the company incur as a result of the use of the comments.

Disclaimer of Warranties

The web sites, including any information, products, services, or material made available on or through the web sites, are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, the company expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Furthermore, the company does not warrant the accuracy or completeness of any information at the web sites and the company may make changes to the information at the web sites, including to the products, services, or prices described at the web sites, at any time without prior notice to users of the web sites. Information at the web sites that is periodically updated may not be current at the moment you visit this site and may contain errors. The company makes no warranty that the web sites will meet your requirements; that the web sites will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that the web sites are free of viruses or other harmful components. The company makes no warranty regarding any goods or services purchased or obtained through the web sites or any transactions entered into through the web sites. You assume the entire risk as to the results and performance of the web sites and any goods or services purchased therefrom.

In no event will the company be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, punitive, and consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the web sites, any web sites linked to the web sites, the materials or information contained at any or all such web sites, or the materials, products or services offered on the web sites or web sites linked to the web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In no event will the company, the company's suppliers or any other party involved in creating, producing, or delivering the web sites be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon information provided through this site. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

Trademark Information

EdisonLearning, Inc.®, Provost Academy® and Provost Systems® and any other marks associated with the Company are the sole property of the Company. No license to use any of these marks is given or implied. These marks may not be copied, downloaded, reproduced, used, modified or distributed in any way (except as an integral part of an authorized copy of material appearing in these Web pages) without prior written permission of the Company. © 2009-2014 EdisonLearning, Inc. All Rights Reserved.

The web sites are intended for U.S. audiences only. Access to and use of the Web Sites is subject to the terms and conditions above. The Web Sites were developed and are maintained by the Company at Harborside 5, 185 Hudson Street, Suite 2910, Jersey City, NJ 07311. Unless otherwise specifically indicated, sweepstakes and other promotional offers are open to United States residents only.

Jurisdiction and Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Any dispute or claim relating in any way to these Terms of Use, the Web Sites, or any products, services or material sold or distributed by or through the Web Sites, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Copyright Act Agent
The Company respects the intellectual property rights of others, and requires that the people who use the Web Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  • • Your address, telephone number, and email address;
  • • A description of the copyrighted work that you claim has been infringed;
  • • A description of where the alleged infringing material is located;
  • • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • • 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.

Copyright Agent:
Office of the General Counsel
EdisonLearning, Inc.,
Harborside 5, 185 Hudson Street, Suite 2910
Jersey City, NJ 07311
(Revised 9/7/16)