GENERATION YES

Generation YES - Terms of Use

These Terms and Conditions describe, among other things, the following:

• Eligibility to become a Registered User.
• Promises that Registered Schools, Teachers and other users make on which Generation YES relies.
• Limitations on use of this Site.
• Registered Users' obligations to indemnify Generation YES (i.e. protect from monetary and other damages) under certain circumstances.

These Terms and Conditions Constitute A Legally Binding Contract. It applies to all Web Sites affiliated with Generation YES, except as otherwise stated in those Web Sites.

I. Introduction and Overview

Please read and review carefully these terms, conditions and notices (the "Agreement"), which govern use of the Generation YES Web Site, except as otherwise stated in those Web Sites Your use of the Site and any of the services offered constitutes your binding consent to all such terms, conditions, and notices. The Agreement enables the owner of the Site, Generation YES to offer communications services to bona fide, lawfully registered and accredited primary or secondary educational institutions or institutions of higher education in the United States and abroad, to the students attending such schools, the faculty at such schools, and to certain other users.

As used in this Agreement, "you" means the natural person who is interacting with the Site's registration process and clicks "Create Account" (who must be a Teacher, Student, Administrator or Staff at a Registered School) or the person who is browsing this Site as an unregistered user. When you click on the "Create Account" button on the user registration, you are entering into a legal contract with Generation YES in which you agree (and, if you are a teacher or other authorized school representative entering this Agreement on behalf of your school, the school also agrees) to abide by this Agreement in all respects and to become a "Registered User". If you do not agree to be bound by this Agreement, you are prohibited from registering for or using any services of the Site.

This Agreement applies to all uses of the Site, including, but not limited to, use of the individual courseware sites, participating in chat rooms, bulletin boards, or in threaded discussions, or search engines, subscription services, or other services offered on the Site (the "Services"). The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Agreement.

II. Registered Users; Eligibility And Authorized Use

Generation YES permits five kinds of persons or entities to be "Registered Users": (1) Registered Schools, (2) Registered Students, (3) Registered Teachers, and (4) Registered Administrators (5) Generation YES staff and their authorized representatives.

• A "Registered School" must be a bona fide, lawfully registered and accredited primary or secondary educational institution or institution of higher education in the United States or abroad that has been registered to use the Site by an administrator, teacher, media specialist, or other authorized representative.
• A "Registered Student" is a student who attends a Registered School and who uses and registers to use the Site under the supervision of and as authorized by the Registered School.
• A "Registered Teacher" is a member of the staff of a Registered School.
• A "Registered Admininstrator" is a memeber of the staff of a Registered School or group of Registered Schools.
• Generation YES staff are employees or contractors of Generation YES who administer Site functionality.

Use of the Services as a Registered User is limited to persons or entities that qualify as one of these types of Registered Users. By registering to use the Site, you represent, warrant and certify that:

1. Either (i) you are a person of the age of majority and a staff member or faculty member at a Registered School authorized to enter this Agreement and register on behalf of such School, or (ii) you are a Registered Student acting with the authorization and supervision of your Registered School.
2. If you are a staff or faculty member, you and the Registered School agree to supervise and be responsible for all usage of the Site by Registered Students who use the Site under or through your or such School's name or account;
3. All information supplied by you in using the Site, including without limitation your name, email address, street address, telephone number, is true, complete and accurate.

Notwithstanding the foregoing or any other provision of this Agreement, Generation YES reserves the right to decline or terminate services to any person, school or other entity for any reason in its sole discretion. At any time and in its sole and absolute discretion, Generation YES may amend, modify, add or delete any or all of its Services or any portion of the Site.

III. Responsible Persons and Entities Under This Agreement

Users of the Site are responsible for their use of the Site, and Generation YES assumes no liability regarding any use of the Site by any user, whether registered or unregistered. At any time and in its sole and absolute discretion, Generation YES may amend, modify, add, or delete any or all of its Services or any portion of the Site.

For the sake of clarity, and without limiting any of the other provisions of this Agreement, the parties to this Agreement further agree as follows:

• Each Registered School will be responsible jointly with each affiliated Registered Student for any use of the Site and the Services by each such Student and for all of the individual obligations of each such Student under the copy of this Agreement with such Student.
• Each Registered School will be responsible jointly with each Teacher or Administrator registering such School for any use of the Site and the Services by each such person and for all of the individual obligations of each such person under the copy of this Agreement with such person.
• Each Registered School is responsible for obtaining the consent of each affiliated Registered Student's parent or legal guardian to the collection, use and disclosure of personal information of the Registered Student, as provided in the Site Privacy Statement, and any other consents necessary to provide such Student with access to the Site and the Services.

IV. Collection, Use and Disclosure of Personal Information

1. You agree and consent to the terms of the Site Privacy Statement, a copy of which you should review by clicking here.
2. You agree that Generation YES may contact you for any purpose related to this Agreement or related to any content you post to, upload to or transmit by means of the Site.
3. Authorization by Registered Schools. Each Teacher, Administrator and his or her Registered School is responsible for obtaining the consent of any affiliated Registered Student's parents or legal guardian to the collection, use and disclosure of personal information of the Registered Student, as provided in this Section IV and in the Site Privacy Statement, pursuant to the Children's Online Privacy Protection Act of 1998 and all regulations of the Federal Trade Commission promulgated thereunder.

V. Modification Of This Agreement

Generation YES reserves the right to amend this Agreement at any time. All modifications and amendments will be posted on the Site. You are responsible for regularly reviewing and understanding these modified or amended terms and conditions. You will be deemed to accept all changes so posted. If Generation YES makes material modifications to this Agreement, you will be notified using the e-mail address contained in your Profile. Your use of the Site after notice of changes to this Agreement have been made will be deemed your acceptance of the changes. Objections to any changes will result in termination of your status as a Registered User and, in the case of a Registered School, termination of all Registered Users.

VI. Links To Third Party Sites

The Site may contain hyperlinks to Web Sites of affiliates and advertisers, or others. These remote sites are operated by third parties and not by Generation YES . Generation YES provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by Generation YES of the remote site or any association with its operators. Such sites are not under the control of Generation YES and Generation YES is not responsible for the contents of any remote site, including without limitation any link contained in a remote site, or any changes or updates to a remote site.

VII. No Unlawful Or Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement (including but not limited to any use that infringes another's copyright rights). You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or any user of the Site, or interfere with any other party's use of the Site.

VIII. Posting of Information on the Site

1. You warrant that any material or information that you make available through the Site, including but not limited to messages, forum posts, or uploaded files, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from your making any material or information available through the Site.
2. By making any material or information available through the Site you automatically grant to Generation YES a worldwide royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal, internal use.
3. The Site contains the Generation YES courseware applications, student project collections (including uploaded files), chat rooms, bulletin boards, messages, announcements, threaded discussions or other communications (collectively, "postings"). The ability to place such postings on the Site is a service extended at its discretion by Generation YES to Registered Users. You in turn agree only to post, send and receive postings that are properly related to educational activities. Postings are subject to limitations on usage, reproduction and dissemination; you are responsible for adhering to such limitations. By way of example, and not as a limitation, you agree that when posting on the Site, you will not:
1. Defame, abuse, harass, stalk, racially or ethnically insult, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent, racially or ethnically offensive, or unlawful topic, name, material or information;
3. Upload files that contain text, software, graphical works, photographs, sound recordings, musical works and audiovisual works or other material protected by the intellectual property laws (or by rights of privacy of publicity) of any nation or jurisdiction unless you own or control the rights thereto or have received all necessary consents;
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
5. Advertise or offer to sell or buy any goods or services for any business purpose;
6. Conduct or forward surveys, contests, pyramid schemes or chain letters;
7. Harvest or otherwise collect information about others, including e-mail addresses, without their express consent;
8. Solicit funds or solicit for goods or services.
4. Generation YES has no obligation to, and does not and cannot, review every item of material that you and users other than yourself make available on or through the Site, and Generation YES is not responsible for any content of this material or information. However, Generation YES reserves the right to review postings on its Site, to remove any postings, and to terminate your ability to post to the Site at any time without notice, in its sole discretion. Generation YES also reserves the right to disclose any information (i) as necessary to satisfy any applicable law, regulation, legal process or governmental request, or (ii) that, in Generation YES 's sole discretion, Generation YES deems appropriate to disclose in connection with claims of infringements to intellectual property rights or other unlawful use of the Site. Generation YES also reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Generation YES
5. Generation YES does not claim ownership of the postings you make to the Site. Generation YES is under no obligation to maintain any posting you make and may remove any posting at any time in Generation YES 's sole discretion.
6. Without the prior written permission of Generation YES, you may not frame any of the content of Generation YES, or incorporate into another Web Site or other service any intellectual property of Generation YES or any of our licensors.

IX. Copyright and Trademark Notice

1. Copyright Rights
   
   All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Generation YES or its third-party licensors, to the full extent provided under the United States Copyright Act and all national and international copyright laws. Except as expressly provided herein, nothing stated or implied on this Site confers on you any license or right under any copyright of Generation YES or any third party.
   
   Generation YES authorizes you to make for yourself or a Registered Student one (1) electronic or paper copy of the information posted on any page on the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademark, service mark, and other proprietary notices and legends contained on the Site.
   
   Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site for any purposes, except as expressly provided above.



2. Trade and Service Mark Rights
   
   Generation YES, GenYES, TechYES and associated logos are trademarks or registered trademarks of Generation YES. Other product names, company names, brand names, and trade names mentioned within the Site may be the trademarks of their respective holders. All rights in the product names, company names, trade names, logos, product packaging and designs of all Generation YES or third party products or services belong exclusively to Generation YES or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws.

X. Notices of Copyright or Other Intellectual Property Infringement

1. Notices of Copyright Infringement and Takedown by Generation YES
   
   As stated above, Generation YES prohibits the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your copyright (or a copyright right you are responsible for enforcing) is infringed by any content on the Site, please write to Generation YES at the address shown in paragraph 4 below giving a written statement that contains the following: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Site that is requested to be removed; (3) your name, address and daytime telephone number, and an e-mail address if available, so that Generation YES may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) the signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and submit the statement. Generation YES will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.



2. Notices of Other Intellectual Property Rights Infringement
   
   As stated above, Generation YES also prohibits the posting of any information that violates or infringes the non-copyright intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right you are responsible for enforcing) is infringed or violated by any content on the Site, please write to Generation YES at the address shown in paragraph 4 below giving a written statement that contains the following: (1) identification of the intellectual property right claimed to have been infringed; (2) identification of the allegedly infringing material on the Site that is requested to be removed; (3) your name, address and daytime telephone number, and an e-mail address if available, so that Generation YES may contact you if necessary; (4) a statement that you have a good faith belief that the exercise of the intellectual property right is not authorized by the intellectual property right owner, its agent, or the law; (5) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive intellectual property right that is allegedly infringed; and (6) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right and to submit the statement. Generation YES will respond to such statements as may be appropriate under applicable law.
   



3. Termination of Repeat Offenders
   
   Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.



4. Agent for Receipt of Infringement Notices and Address
   
   Generation YES 's contact for submission of notices of infringement of copyright
   
   Dennis Harper
   Generation YES
   2584 R.W. Johnson Blvd. SW
   Tumwater, Washington 98512-6111
   

XI. Indemnification

You agree to indemnify and hold harmless Generation YES and its officers, directors and employees from any and all claims, demands and damages (whether actual or consequential), including reasonable attorney's fees, resulting from or associated in any way with your use of the Site, your violation of this Agreement or any applicable laws or regulations, or your violation of any rights of another. Generation YES is not responsible for any communication or transaction between or among users.

Without limiting the foregoing, each Registered School agrees to indemnify and hold harmless Generation YES and its officers, directors and employees from any and all claims, demands and damages (whether actual or consequential), including reasonable attorney's fees, resulting from or associated in any way with the Registered School's breach of its obligation to obtain parental consent for collection, use or disclosure of personal information of students affiliated with such School.

XII. General

1. A. Governing Law
   
   This Agreement is governed by the laws of the State of Washington, without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction and venue of courts in Thurston County, Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is forbidden in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.



2. B. No Professional Advice
   
   Any information supplied by any employee or agent of Generation YES, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of services offered through the Site, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.



3. C. Disclaimer of Warranties and Limitation of Liability
1. You expressly agree that use of the Site and the Services is at your sole risk. Neither Generation YES nor any of its subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) warrant that the Site or the Services will be uninterrupted or error free or that they will be free of viruses or other harmful components, nor do they make any warranty as to the results that may be obtained from the use of the Site or the Services, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the Site or the Services, any merchandise or services provided through the Site or the Services or any links to other sites or services made available on the Site or through the Services.



2. GENERATION YES PROVIDES THE SERVICES AND THE SITE "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED UNLESS OTHERWISE LIMITED BY LAW.



3. Under no circumstances, including, but not limited to, negligence, shall Generation YES (or any of its subsidiaries, affiliates, employees, agents, distributors, third party agents), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Site, the Site itself, or the Services. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Generation YES (any of its subsidiaries, affiliates, employees, agents, distributor's, third party content providers, or licensors (and their respective directors, officers, employees, and agents)), is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of Generation YES (or any of its subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees and agents)) to you exceed the amount paid by you to Generation YES during the twelve (12) months prior to any claim of injury or damage.
4. No Guarantee of Continuous Operation
   
   Generation YES will use commercially reasonable efforts to maintain the security and operational integrity of the Site. However, numerous factors outside the control of Generation YES may interfere with the operation of the Site; and accordingly, Generation YES does not guarantee continuous, uninterrupted or secure access to the Services.



5. Release from Liability
   
   Generation YES does not control the content or accuracy of any information, descriptions, graphics, photographs or material submitted to the site by users, all of which are the sole responsibility of the submitting user. You agree to release Generation YES and its officers, directors and employees from any and all claims, demands and damages (whether actual and/or consequential), resulting from or associated in any way with any user-supplied content or postings.



6. Right to Independent Action
   
   Generation YES reserves the right, in its sole discretion, to take any independent action it concludes is necessary or desirable to protect the interests of Generation YES and eliminate or mitigate any potential liability or injury to any party which may arise.



7. No Waiver
   
   The failure of Generation YES to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.



8. Notices Between Us
   
   You will contact us by sending electronic mail to [email protected]. We will contact you by sending electronic mail to the address you provide to us or by posting a notice on the Site.


9. Miscellaneous
   
   You agree that no joint venture, partnership, employment, or agency relationship exists between you and Generation YES as a result of this Agreement or your use of the Site. Generation YES 's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Generation YES's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Generation YES with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Generation YES with respect to the Site; and the Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Generation YES with respect to the Site. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XIII. End of Terms of Use