Voyager Sopris Learning, Inc.
Welcome to the Voyager Sopris eLibrary service. This User Agreement (this "Agreement") sets forth the terms under which you may use the eLibrary service (this "Service"), which permits users to discover, purchase, receive and read content through Voyager Sopris web sites including elibrary.soprislearning.com and its applications for mobile devices. 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 Service for any reason. BY ACCESSING THIS SERVICE, 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 firstname.lastname@example.org.
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 Service, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Service 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 SERVICE.
2. Limited License Grant and Restrictions.
(a) License Grant. Subject to the terms, conditions and restrictions in this Agreement, Voyager Sopris grants to you a non-exclusive, limited, revocable, non-transferable and non-sublicenseable license to use the Service for purposes as an end user and use the provided documentation in support of your permitted use of the Service. We reserve all rights not granted in this Agreement and you will acquire no such rights, whether by estoppel, operation of law or otherwise. Such license does not grant any right to obtain future upgrades, updates or supplements of the Service. If upgrades, updates or supplements of the Service are obtained, however, the use of such upgrades, updates or supplements is governed by this Agreement and any amendments to it unless other terms accompany the upgrades, updates or supplements, in which case those terms apply.
(b) General Restrictions. You shall not (i) copy any of the content of the Service, (ii) sub-license, lend, lease or otherwise make the Service available to any third party, (iii) use the Service commercially, (iv) modify, adapt or translate any part of the Service, (v) reverse engineer, decompile or disassemble the Service or otherwise attempt to obtain its source code, (vi) bypass, modify, defeat, tamper with or circumvent any of the securities features of the Service, including altering any digital rights management functionality of the Service, (vii) remove or alter any copyright, trademark or other proprietary notice contained in the Service, (viii) use the Service in any manner not set forth in this Agreement or the Service's documentation or (ix) assist or encourage any third party in engaging in any activity restricted by this Agreement. We may use technologies to verify your compliance.
(c) Export Restrictions. You acknowledge that the Service is subject to the export control laws and regulations of the United States and any amendments thereof. You agree that you will not export or re-export the Service, directly or indirectly, to any countries that are subject to U.S. export restrictions or otherwise in violation of applicable law. In particular, but without limitation, the Service may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You further acknowledge that the Service may include technical data subject to export and re-export restrictions imposed by law.
3. Intellectual Property. All materials included on this Service (including, without limitation, text, graphics, logos, button icons, images, audio clips and software) (the 'Materials') 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 Service 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 Service 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 Service may be used solely as provided in this Agreement. Any other use of the Materials on this Service is strictly prohibited. Voyager Sopris and any other Voyager Sopris graphics, logos and service names are trademarks of Voyager Sopris. All other marks contained on this Service are the sole property of the parties indicated.
4. 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 Service, 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 email@example.com 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.
5. Passwords and Registration. The following part of this Service is protected by a user account including a username and password. You agree not to disclose or share your account information with any third party or use your account for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information, user name and password. You shall be responsible for all uses of your user account, whether or not authorized by you. You agree to immediately notify Voyager Sopris of any unauthorized use of your user name or password.
6. Termination. This Agreement commences upon your acceptance (as described above) and will end when terminated. Voyager Sopris or you may terminate this Agreement at any time without notice. This Agreement, and therefore your right to use the Service, will automatically terminate if you fail to comply with any provision of this Agreement. If this Agreement is terminated, you must (a) cease all use of the Service, and (b) delete all copies of the content from the Service from the hardware on which it has been installed.
7. Territory. Unless otherwise specified, the Materials in this Service 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 Service 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 Service from outside of the United States, you are solely responsible for compliance with your local laws.
8. 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 Service 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 Service, 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.
9. Disclaimer of Warranty. THIS SERVICE AND THE MATERIALS ON THIS SERVICE 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 SERVICE 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 SERVICE 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 SERVICE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
10. 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 SERVICE, 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.
11. Indemnity. You agree to indemnify, defend and hold Voyager Sopris and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors 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 Service 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.
12. 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: General Counsel
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.
13. 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 Service. You shall comply with all laws and regulations applicable to your access and use of the Service. 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 Service at any time without further notice to you.