Terms of Use Agreement

RENAISSANCE LEARNING, INC. - TERMS OF USE AGREEMENT NOTICE

You are currently viewing a page of the renaissance.com web site or a related web site (the "Web Site") belonging to Renaissance Learning, Inc. or one of its subsidiaries ("RENAISSANCE"). This Web Site and any of the services provided by RENAISSANCE in connection with this Web Site (the "Services") are being provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully. By accessing this Web Site you agree to be bound by these Terms of Use.

MODIFICATION OF THESE TERMS OF USE

RENAISSANCE reserves the right to change these Terms and Conditions without notice. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Web Site constitutes your agreement to all such Terms and Conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, software, products or services obtained from the Web Site.

LINKS TO THIRD PARTY SITES

The Web Site may contain links to web sites controlled or offered by third parties (non-affiliates of RENAISSANCE). RENAISSANCE disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked from the Web Site. By creating a link to a third party web site RENAISSANCE does not endorse or recommend any products or services offered or information contained at such linked web site, nor is RENAISSANCE liable for any failure of any products or services offered or advertised at such linked web site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked web site. Any dealings with third parties (including advertisers) included within the Web Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. RENAISSANCE shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition for your use of the Web Site, you agree that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. The Web Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not use the Web Site in any manner which could damage, disable, overburden or impair the Web Site, the networks connected to the Web Site, or interfere with any other party's use and enjoyment of the Web Site. You may not attempt to gain unauthorized access to the Web Site, other accounts, computer systems or networks connected to the Web Site by any means, including without limitation, hacking or password mining. You may not post or upload to the Web Site any material in violation of any intellectual property rights, including, but not limited to trademarks and copyrights of any third party. You may not obtain or attempt to obtain any materials or information, through any means not intentionally made available through the Web Site, including without limitation, through the use of any web scraper, spider or robot.

USE OF COMMUNICATION SERVICES

The Web Site may contain bulletin board services, chat groups, forums or other communication facilities designed to enable you to communicate with others (collectively the "Communication Service"). You agree to use the Communication Service only to post, send and receive messages and material that are proper and, when applicable, related to the Communication Service. You may not use the Communication Service to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Communication Service to publish, distribute or disseminate any inappropriate, profane, discriminatory, obscene, defamatory, indecent or unlawful topic, message, material or information, or to advertise or offer to sell or buy any goods or services. RENAISSANCE has no obligation to monitor the Communication Service, however RENAISSANCE reserves the right to review materials posted to the Communication Service and to remove any materials in its sole discretion. RENAISSANCE reserves the right to terminate your access to the Communication Service at any time, without notice, for any reason whatsoever.

MATERIALS PROVIDED TO RENAISSANCE

RENAISSANCE does not claim ownership of any materials you provide to RENAISSANCE (including feedback and suggestions) or post, upload, input, provide or submit to the Web Site for review by members of the general public, or by members of any public or private group (each a "Submission"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting RENAISSANCE and its agents permission to use your Submission in connection with RENAISSANCE's operation of the Web Site and its other businesses, including without limitation, the right to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission, all without the payment of compensation to you in respect of any such use of your Submission. You warrant and represent that you own, or otherwise control, all of the rights to your Submission, including without limitation, the rights necessary for you to post, upload, input, provide or submit your Submission.

PRODUCTS AND TOOLS

For your convenience, RENAISSANCE may make available on the Web Site products, tools and utilities for use and/or download (the "Tools"). RENAISSANCE does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such Tools. The Tools are copyrighted works of RENAISSANCE and/or its suppliers, and are protected by copyright law and international treaty provisions. If a Tool is accompanied by an end user license agreement, your use of that Tool is governed by the terms of such end user license agreement, and you must agree to the terms and conditions of such end user license agreement in order to install and use such Tool. If a Tool is not accompanied by a license agreement, RENAISSANCE hereby grants to you a revocable, personal, non-transferable license to use such Tool in accordance with these Terms of Use and for no other purpose. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Web Site or the Tools is expressly prohibited by law, unless such action is expressly permitted by the accompanying license agreement, and may result in severe civil and criminal penalties. You agree not to redistribute the Tools, nor to export or re-export the Tools, directly or indirectly, to any countries that are subject to USA export restrictions. You may not use the Tools to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Tools in association with the sale of any service or product which is discriminatory, obscene, defamatory, indecent or unlawful, or which in the reasonable opinion of RENAISSANCE, would reflect negatively upon the reputation of RENAISSANCE, the Web Site or the Tools.

LIABILITY DISCLAIMER

THE SERVICES, TOOLS, WEB SITE AND ANY CONTENT OR SOFTWARE CONTAINED THEREIN OR ACCESSIBLE THEREFROM, ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, RENAISSANCE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING: THE UP-TO-DATENESS, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE TOOLS OR WEB SITE, INCLUDING BUT NOT LIMITED TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, TOOLS OR WEB SITE; AND ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE USE OF THE SERVICES, TOOLS OR WEB SITE.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, RENAISSANCE: DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND DOES NOT WARRANT THAT THE SERVICES, TOOLS OR WEB SITE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE USE OF THE SERVICES, TOOLS AND WEB SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE SERVICES, TOOLS OR WEB SITE, OR DOWNLOADING ANY CONTENT THEREON, EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED.

RENAISSANCE IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE SERVICES, TOOLS OR WEB SITE, OR ANY ERRORS OR OMISSIONS OF THE TOOLS OR WEB SITE; RENAISSANCE SHALL HAVE NO LIABILITY ARISING FROM DECISIONS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES BASED ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE SERVICES, TOOLS OR WEB SITE; AND UNDER NO CIRCUMSTANCES SHALL RENAISSANCE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, TOOLS, WEB SITE, OR ANY CONTENT CONTAINED THEREON, EVEN IF RENAISSANCE HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY SERVICES, TOOLS, OR ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES, TOOLS AND WEB SITE.

INDEMNITY

You agree to indemnify and hold RENAISSANCE, its parent, subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party or arising out of your use of, or conduct on, the Web Site.

COPYRIGHT, NO REDISTRIBUTION OF WEB SITE MATERIALS

The Web Site, Services and Tools are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. You agree that you will not redistribute, retransmit, copy, amend, or commercially exploit any materials, writings, compilations, data bases, logos, trademarks, audio, video, or graphic images found on the Web Site without RENAISSANCE's express written permission, which permission may be withheld or withdrawn in RENAISSANCE's sole discretion.

TRADEMARKS

All logos, designs, and brand names for Renaissance Learning’s products and services, including but not limited to Accelerated Math, Accelerated Reader, AccelScan, AccelTest, AR, ATOS, Core Progress, English in a Flash, Learnalytics, MathFacts in a Flash, Progress Pulse, Renaissance Home Connect, Renaissance Learning, Renaissance Place, Renaissance Training Center, Renaissance-U, STAR, STAR Early Literacy, STAR Math, STAR Reading, STAR Reading Spanish, Successful Reader, and Subtext, are trademarks of Renaissance Learning, Inc., and its subsidiaries, registered, common law, or pending registration in the United States and other countries. All other product and company names should be considered the property of their respective companies and organizations.

Apple, the Apple logo, iPhone, iPod touch, iPad, and iTunes are trademarks of Apple Inc. registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

GENERAL

Your use of the Web Site, Services and Tools shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Wisconsin. Certain sections or pages of the Web Site may contain separate terms or conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. You agree that your use of the Web Site will not create any joint venture, partnership, employment or agency relationship between you and RENAISSANCE. If any part of these Terms of Use 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 and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

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