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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 websites affiliated with Generation YES, inc., except as
otherwise stated in those websites.
I. Introduction and Overview
Please read and review carefully these terms, conditions and notices (the
"Agreement"), which govern use of the Generation YES website,
except as otherwise stated in those websites 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, Inc. (hereinafter "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 "I accept" (who must be a Teacher, Registered Student,
Registered Teacher) or the person who is browsing this Site as an unregistered
user. When you click on the "I agree" 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 only three kinds of persons or entities to be "Registered
Users": (1) Registered Schools, (2) Registered Students, (3) Registered
Teachers, and (4) 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 a teacher, media
specialist, or other authorized representative (the "Teacher").
- 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.
Use of the Services as a Registered User is limited to persons or entities
that qualify as one of these four types of Registered Users. By registering
to use the Site, you represent, warrant and certify that:
- Either (i) you are a person of the age of majority and
a Teacher with a Registered School authorized to enter this Agreement
and register on behalf of such School, (ii) you are a Registered Student
acting with the authorization and supervision of your Registered School,
(ii) a member of the faculty of a Registered School.
- If you are a Teacher, 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;
- 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 registering such School for any use of the Site and
the Services by each such Teacher and for all of the individual obligations
of each such Teacher under the copy of this Agreement with such Teacher.
- 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 Section IV and 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
- You agree and consent to the terms of the Site
Privacy Statement, a copy of which you should review by clicking here.
- 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.
- Authorization by Registered Schools. Each Teacher
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.
VI. Links To Third Party Sites
The Site may contain hyperlinks to websites 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
- You warrant that any material
or information that you make available through the Site, including,
for example, postings to chat areas and bulletin boards, 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.
- By making any material or information
available through the Site, for example, in postings to chat areas and
bulletin boards, 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.
- The Site contains the Generation
YES courseware applications, chat rooms, bulletin boards, 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:
- Defame, abuse, harass, stalk, racially or ethnically
insult, threaten, or otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
- 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;
- 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;
- Upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage
the operation of another's computer;
- Advertise or offer to sell or buy any goods
or services for any business purpose;
- Conduct or forward surveys, contests, pyramid
schemes or chain letters;
- Harvest or otherwise collect information about
others, including e-mail addresses, without their express consent;
- Solicit funds or solicit for goods or services.
- 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.
- 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.
- Without the prior written permission of Generation
YES, you may not frame any of the content of Generation YES, or incorporate
into another website or other service any intellectual property of Generation
YES or any of our licensors.
IX. Copyright and Trademark Notice
- 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
- Trade and Service Mark Rights
GENERATION YES ™ and the Generation YES Logo are 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
- 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 D 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.
- 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 D 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.
- Termination of Repeat Offenders
Under appropriate circumstances, persons who repeatedly submit infringing
or unlawful material will be prohibited from posting further submissions.
- Agent for Receipt of Infringement Notices and Address
Generation YES's contact for submission of notices of infringement of
copyright
Sunny Cairns
Generation YES, Inc.
711 Capitol Way South
Suite 702
Olympia, WA 98501
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
- 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.
- 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.
- C. Disclaimer of Warranties and Limitation of
Liability
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
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