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Be sure to read the Terms of Service ("TOS") below, as they cover
the terms and conditions that apply to your use of this website (the
"Service," "Website," or "Site"). ThinkWave may change the Terms of
Service from time to time. By continuing to use the Service
following such modifications, you agree to be bound by such
modifications to the Terms of Service. General Terms and Conditions
ThinkWave currently provides users with access to a wide variety of
tools, including, but not limited to: ThinkWave Grades Online, ThinkWave
Educator, ThinkWave Administrator and ThinkWave Web Educator.
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new ThinkWave
properties, shall be subject to the TOS. In consideration of use of
the Service, you acknowledge and agree that you must: (a) provide
for your own access to the World Wide Web and pay any service fees
associated with such access, and (b) provide all equipment necessary
for you to make such connection to the World Wide Web, including a
computer and modem. You also understand and agree that the Service
is provided "AS-IS" and that ThinkWave assumes no responsibility for
the timeliness, deletion, mis-delivery, or failure to store any user
data, communications or personalization settings.
By using ThinkWave (including, but not limited to ThinkWave Grades Online, ThinkWave
Educator, ThinkWave Administrator and ThinkWave Web Educator), including any
applets, software, and content contained therein, you agree that use
of the Service is entirely at your own risk. THE SERVICE IS PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA,
SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN
CONNECTION WITH THE SERVICE. SPECIFICALLY, THINKWAVE DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR
CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THINKWAVE NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE
TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR
INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH
OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE
RESPECTIVE LIABILITY OF THINKWAVE, ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS
RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
SUCH STATE LAW.
ThinkWave is the owner and/or authorized user of any trademark,
registered trademark and/or service mark appearing at this Web Site,
and is the copyright owner or licensee of the content and/or
information on this Web Site including but not limited to any
screens appearing at the Site. You may not download and/or save a
copy of any of the screens except as otherwise provided in these
Terms of Service, for any purpose. However, you may print a copy of
the information on this Site for your personal use or records. If
you make other use of this Site, except as otherwise provided above,
you may violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to
penalties. ThinkWave does not grant any license or other
authorization to any user of its trademarks, registered trademarks,
service marks, or other copyrightable material or other intellectual
property, by placing them on this Web Site. ThinkWave reserves the
right to change any information on this Web Site including but not
limited to revising and/or deleting features or other information
without prior notice. Clicking on certain links within this Web Site
might take you to other web sites for which ThinkWave assumes no
responsibility of any kind for the content, availability or
otherwise. (See "Links from and to this Website" below.) The content
presented at this Site may vary depending upon your browser
limitations.
ThinkWave's Proprietary Rights
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by ThinkWave or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
ThinkWave grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface
that is provided by ThinkWave for use in accessing the Service.
Software License Agreement
Any software that is made available to download from this server is
the copyrighted work of ThinkWave and/or its suppliers. Use of the
software is governed by the terms of the end user license agreement,
which accompanies or is included with the software. An end user may
not install any software that is accompanied by or includes a
license agreement, unless he or she first agrees to the license
agreement terms. The software is made available for downloading
solely for use by end users according to the license agreement. Any
reproduction or redistribution of the software not in accordance
with the license agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
The software available on this site is not warranted, except and
only to the extent specified in the license agreement accompanying
the software.
Except as warranted in the license agreement, ThinkWave, Inc. hereby
disclaims all warranties and conditions with regard to the software,
including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title, and non-infringement.
Links to Third Party Sites
The links included within the service may let you leave the service
web sites ("linked sites"). The linked sites are not under the
control of ThinkWave and ThinkWave is not
responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to such sites.
ThinkWave is not responsible for webcasting or any
other form of transmission received from any linked site. ThinkWave
is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement
by ThinkWave of the site or any association with their operators.
If you wish to provide a commercial-free environment for
student-users of the site, please learn about ThinkWave's
subscription option at the URL, www.thinkwave.com.
Links to Third Party Sites
As a condition of your use of the Service, you warrant to ThinkWave
that you will not use the Service for any purpose that is unlawful
or prohibited by these terms, conditions, and notices.
The Service is provided to individuals only and for personal use
only. Any unauthorized commercial use of the Service, or the resale
of its services, is expressly prohibited.
You agree to abide by all applicable local, state, national and
international laws and regulations and are solely responsible for
all acts or omissions that occur under your account or password,
including the content of your transmissions through the Service. By
way of example, and not as a limitation, you agree not to:
Use the Service in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
Publish, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful material or
information.
Advertise or offer to sell or buy any goods or services for any
non-personal purpose.
Harvest or otherwise collect information about others, including
email addresses, without their consent.
Create a false identity for the purpose of misleading others as to
the identity of the sender or the origin of a message.
Use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity that is not a Service member any
directory of the Service members or other user or usage information
or any portion thereof other than in the context of your use of the
Service as permitted under the TOS.
Transmit or upload any material that contains viruses, trojan
horses, worms, time bombs, cancelbots, or any other harmful or
deleterious programs.
Transmit or upload any material that contains software or other
material protected by intellectual property laws, rights of privacy
or publicity or any other applicable law unless you own or control
the rights thereto or have received all necessary consents.
Interfere with or disrupt networks connected to the Service or
violate the regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service, through
password mining or any other means.
Violate any applicable laws or regulations including, without
limitation, laws regarding the transmission of technical data or
software exported from the United States through the service.
Interfere with another member's use and enjoyment of the Service or
another individual's or entity's use and enjoyment of similar
services.
ThinkWave has no obligation to monitor the Service or any user's use
thereof or retain the content of any user session. However,
ThinkWave reserves the right at all times to monitor, review, retain
and/or disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request.
Disclaimers/Limitation of Liability
The information and services included in or available through the
Service may include inaccuracies or typographical errors. Changes
are periodically added to the information herein.
ThinkWave and/or its respective suppliers may make improvements
and/or changes in the Service at any time. ThinkWave does not
represent or warrant that the Service will be uninterrupted or
error-free, that defects will be corrected, or that the Service or
the server that makes it available, are free of viruses or other
harmful components. ThinkWave does not warrant or represent that the
use or the results of the use of the Service or the materials made
available as part of the Service will be correct, accurate, timely,
or otherwise reliable.
You specifically agree that ThinkWave shall not be responsible for
unauthorized access to or alteration of your transmissions or data,
any material or data sent or received or not sent or received, or
any transactions entered into through the Service. You specifically
agree that ThinkWave is not responsible or liable for any
threatening, defamatory, obscene, offensive or illegal content or
conduct of any other party or any infringement of another's rights,
including intellectual property rights. You specifically agree that
ThinkWave is not responsible for any content sent using and/or
included in the Service by any third party.
THINKWAVE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. THINKWAVE AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL THINKWAVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED
WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED
WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF THINKWAVE OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS
RELATED WEB SITES.
Indemnification
You agree to indemnify and hold ThinkWave, its parents,
subsidiaries, affiliates, officers and employees, harmless from any
claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of your use of or
conduct on the Service.
Termination
ThinkWave may terminate your access to any part or all of the
Service and any related service(s) at any time, with or without
cause, with or without notice, effective immediately, for any reason
whatsoever.
ThinkWave may also terminate or suspend your account for inactivity,
which is defined as failing to sign-in to the Service for an
extended period of time, as determined by ThinkWave. The amount of
time that ThinkWave currently considers as an "extended" period of
time is one year. Upon termination of the Service, your right to use
the Service immediately ceases. If you wish to terminate your
account, your only recourse is to discontinue the use of the
Service. ThinkWave shall have no obligation to maintain any content
in your account or to forward any unread or unsent messages to you
or any third party.
No Spam; Damages
ThinkWave will immediately terminate any account which it believes,
in its sole discretion, is transmitting or is otherwise connected
with any spam or other unsolicited bulk email. In addition, because
damages are often difficult to quantify, if actual damages cannot be
reasonably calculated then you agree to pay ThinkWave liquidated
damages of $5 for each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with your account, otherwise
you agree to pay ThinkWave's actual damages, to the extent such
actual damages can be reasonably calculated.
Participation in Promotions of Advertisers
Any dealings with Advertisers on the Service 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.
ThinkWave shall not be responsible or liable for any part of any
such dealings or promotions.
Proprietary Rights to Content
You acknowledge that content, including but not limited to text,
software, music, sound, photographs, video, graphics or other
material contained in either sponsor advertisements or
electronically distributed, commercially produced information
presented to you by the Service, by ThinkWave, or ThinkWave's
Advertisers or other content providers, is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. You may make a copy of this content for your personal,
non-commercial use only, provided that you keep all copyright and
other proprietary notices intact. You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute in any
way content available through the Service and its associated Web
sites, including code and software.
Modifications to Terms of Service, Member Policies
ThinkWave reserves the right to change the TOS or policies regarding
the use of the Service at any time and to notify you by posting an
updated version of the TOS on this Web site.
You are responsible for regularly reviewing the TOS. Continued use
of the Service after any such changes shall constitute your consent
to such changes.
General
This agreement is governed by the laws of the State of California,
and the United States of America. Use of the Service is unauthorized
in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and ThinkWave as a result
of this agreement or use of the Service. ThinkWave's performance of
this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of ThinkWave's
right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Service or
information provided to or gathered by ThinkWave 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 ThinkWave with respect to the Service
(excluding the use of any software which may be subject to an
end-user license agreement) and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between the user and ThinkWave with respect to the
Service. 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. You and ThinkWave agree that any cause of action arising out
of or related to this Service must commence within one (1) year
after the cause of action arose; otherwise, such cause of action is
permanently barred. The section titles in the TOS are solely used
for the convenience of the parties and have no legal or contractual
significance.
Language
It is the express will of the parties that this agreement and all
related documents have been drawn up in English. C'est la volonte
expresse des parties que la presente convention ainsi que les
documents qui s'y rattachent soient rediges en anglais.
IN NO EVENT SHALL THINKWAVE BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS
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