Agreement with Terms and Conditions:
This agreement ("Agreement") sets forth the terms and conditions that apply to you ("Visitor"), an individual accessing the family of websites ("FEN Sites") of Family Education Network, part of Pearson.
By accessing the FEN Sites, you agree to the following terms and conditions and the Privacy Statement.
If you do not agree, you have no right or license to access any part of the FEN Sites and you should not do so.
Please note that certain services and programs offered by Family Education Network may have additional terms and conditions.
Please check the specific service/program link(s) below to find these additional terms and conditions:
Changes in Terms and Conditions:
Family Education Network has the right to change or discontinue any aspect or feature of any FEN Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time.
Family Education Network has the right to change or modify the terms and conditions applicable to Visitor's use of any FEN Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time.
Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the FEN Sites, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof.
Any use of the FEN Sites by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
Conduct of Visitor:
Visitor shall use the FEN Sites for lawful purposes only.
Visitor shall not post or transmit through any FEN Site any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Family Education Network has expressly approved such material in advance of its transmission.
Any conduct by a Visitor that in Family Education Network's discretion restricts or inhibits any other Visitor from using or enjoying any FEN Site is expressly prohibited.
Downloading of Intellectual Property:
The FEN Sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by Family Education Network and portions of which are owned by other parties and licensed to Family Education Network.
The entire contents of the FEN Sites are copyrighted as a collective work/compilation.
Family Education Network owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it.
No Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Visitor may download one (1) single copy of the copyrighted material for Visitor's personal, non-commercial use only.
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Family Education Network (or the copyright owner(s) if other than or in addition to Family Education Network).
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made.
Visitor acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.
Uploading of Intellectual Property:
Visitor shall not upload, post or otherwise make available on any FEN Site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Visitor.
Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of any FEN Site, Visitor automatically grants, or warrants that the owner of such material has expressly granted, Family Education Network the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use.
Visitor hereby grants Family Education Network the right to edit, copy, publish and distribute any material made available on any FEN Site by Visitor.
Unless otherwise indicated, trademarks that appear on this site are trademarks of Family Education Network or its affiliates.
All other trademarks not owned by The Family Education Network Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Family Education Network or its affiliates.
No Responsibility or Liability:
To the extent that portions of the FEN Sites (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT FAMILY EDUCATION NETWORK DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON ANY FEN SITE, and Postings do not necessarily reflect the views of Family Education Network.
To the fullest extent permitted by applicable laws, Family Education Network shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on any FEN Site.
Family Education Network reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.
Warrant that You Have All Necessary Rights:
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Authorize Others to Use:
You hereby authorize Family Education Network to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Family Education Network or such other parties see fit.
You shall have no claim or other recourse against Family Education Network for infringement of any proprietary right in Postings.
Disclaimers and Limitation of Liability:
Use Is At Visitor's Risk:
VISITOR EXPRESSLY AGREES THAT USE OF THE FEN SITES IS AT VISITOR'S OWN RISK.
VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY.
NEITHER FAMILY EDUCATION NETWORK, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE FEN SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY FEN SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ANY FEN SITE.
PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE FEN SITES OR ANY SITES WITH WHICH IT IS LINKED.
FAMILY EDUCATION NETWORK PROVIDES TECHNOLOGY AUTOMATICALLY PRODUCING SEARCH RESULTS THAT LINK AND/OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET.
BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND INFORMATION, FAMILY EDUCATION NETWORK MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND FAMILY EDUCATION NETWORK ASSUMES NO RESPONSIBILITY AS TO WHETHER THE SEARCH LOCATES UNINTENDED OR OBJECTIONABLE CONTENT.
FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF YOUR SEARCH ON OUR SITES MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL.
WE MAKE NO CLAIM THAT SUCH SURPRISES MIGHT NOT OCCUR.
No Warranties of Service:
THE FEN SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Disclaimer of Liability:
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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
VISITOR SPECIFICALLY ACKNOWLEDGES THAT FAMILY EDUCATION NETWORK AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
Visitor's Waiver of Damages:
IN NO EVENT WILL FAMILY EDUCATION NETWORK, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE FEN SITES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE FEN SITES.
VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ALL FEN SITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FAMILY EDUCATION NETWORK, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ANY FEN SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Visitor agrees to defend, indemnify and hold harmless Family Education Network, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Visitor's use of any FEN Site.
Please be advised that our email newsletters ("Newsletters") are part of a wide distribution, and that neither Family Education Network nor any third party involved is monitoring, reviewing or screening the recipient email list prior to its distribution.
The Newsletters are distributed only to those who have expressly opted-in to receive them.
If local, state or federal rules or regulations prohibit the recipient from receiving these types of Newsletters or the recipient simply does not wish to receive same in the future or the Newsletter was sent to recipient in error, the recipient should immediately opt-out from receiving similar future offers and/or newsletters by visiting the FEN Newsletter Center and updating his or her subscription.
The recipient can always opt back in to receive future offers and/or newsletters at any time by going to the Newsletter Center.
To review and modify the categories of offers and/or newsletters for opted-in, please go to http://newsletters.fen.com.
Equipment for Visitor's Use:
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of the FEN Sites and for any/all charges related thereto.
FEN Sites' Content:
Certain content portions of the FEN Sites are supplied by third parties.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Family Education Network.
Neither Family Education Network nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Family Education Network neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any FEN Site by anyone other than employee spokespersons of Family Education Network while acting in their official capacities.
Family Education Network always welcomes suggestions and comments regarding any FEN Sites.
Any comments or suggestions submitted to FEN Sites or Family Education Network, either online or offline, will become Family Education Network's property upon their submission.
This policy is intended to avoid the possibility of future misunderstandings when projects developed by Family Education Network might seem to others to be similar to their own submissions or comments.
This Agreement, and any operating rules for the FEN Sites established by Family Education Network, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules.
Any cause of action of any nature arising out this Agreement shall be brought in the City and County of New York.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
Digital Millennium Copyright Act Compliance:
If you have copyright concerns about any materials posted on this site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you have any complaints or objections to material posted on this site, please contact our Designated Agent ("Notice"):
Pearson Education, Inc.
200 Old Tappan Road
Old Tappan, NJ 07675
Or, you can click here to email us about any copyright concerns about any materials posted on this site by others.
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single FEN Site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Family Education Network to locate the material;
- Information reasonably sufficient to permit Family Education Network to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you have questions or concerns about your account, please contact Customer Support at: http://fen.custhelp.com/app/ask
QuizLab Terms and Conditions (Revised February, 2004)
Family Education Network operates an interactive online program called QuizLab (this "Site").
This Site provides teachers, schools and/or school districts (collectively, the "Schools") with the capability to create, use and administer quizzes and tests, store student test information and share tests as designated by the School via the World Wide Web on the Quiz Lab system ("Services").
This Site and its Services are provided to the School and, through the School, to its students.
IF YOU DO NOT AGREE WITH ANY PART THEREOF, YOU SHOULD NOT USE THIS SITE AND, IF YOU ARE A STUDENT AND HAVE BEEN GIVEN A USER IDENTIFICATION AND PASSWORD BY THE SCHOOL TO ACCESS THIS SITE, YOU SHOULD INFORM THE SCHOOL OF YOUR DECISION AND RETURN THE USER IDENTIFICATION AND PASSWORD TO THE SCHOOL.
YOU ALSO AGREE TO RECEIVE FROM FAMILY EDUCATION NETWORK PERIODIC E-MAILS CONTAINING ADVICE AND TIPS REGARDING EFFECTIVE USE OF THE SITE AND ITS FEATURES, ALONE AND WITH OTHER FAMILY EDUCATION NETWORK SITES AND SERVICE, AND ANNOUNCING ENHANCEMENTS AND IMPROVEMENTS TO THE SITE.
Users are granted for a stated term, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for personal and non-commercial use only.
Modifications of any materials on this Site or use of the materials for any purpose other than as contemplated in this Site is a violation of Family Education Network's copyright and proprietary rights.
You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site unless specifically authorized in writing by Family Education Network to do so.
If you are a School, you agree to: (a) provide true, accurate, current and complete information about you as prompted by the Registration Screen and the Teacher Screen, and (b) to maintain and update such information to keep it true, accurate, current and complete.
If any information provided by you is untrue, inaccurate, not current or incomplete, this Site has the right to terminate your account and refuse any and all current or future use of the Service.
Family Education Network does not guarantee the accuracy or completeness of any information or content on this Site.
You agree that you must evaluate, and bear all risks associated with, the use of any Service, including any reliance on the accuracy, completeness, or usefulness of any content on this Site.
Access to some sections of this Site is restricted to those Users holding current, valid user identifications and passwords.
The School controls, manages and administers the grant of such user identifications and passwords.
The School warrants that any such user identifications and passwords shall be kept in a safe and secure place and will be distributed only to students of such School.
Family Education Network (or in the case of an individual student, Family Education Network and/or the School) may terminate access to any User at any time for any reason without notice.
User identifications and passwords are personal and may not be shared or transferred by any User.
User identifications and passwords must be kept confidential.
It is important that you exit under your user identification and password at the end of each session.
The School has contracted with Family Education Network to bring you this Site.
Accordingly, if you are a student, your ability to access the Site (including the expiration date of your user identification and password) is strictly controlled by the School and may depend largely on the terms of the deal between the School and Family Education Network.
If you are a student, please ask your teacher for information regarding the expiration or termination of your user identification and password.
All new subscriptions to QuizLab come with a 60 day money back guarantee.
If you are not satisfied for any reason, please let us know via email or regular mail (please see below for our contact information) no later than the 60th day of your subscription and we will refund your full subscription fee - we must receive your request on or before the 60th day.
If you decide to cancel after the 60th day of your new subscription but before the sixth month anniversary, then we will refund your prorated subscription fee (calculated by dividing the days of active subscription from the date of registration to cancellation, by the total number of days the subscription would have been effective had it not been for the cancellation (i.e., 365 if it's a one year subscription), and multiplying the result with the amount of the subscription fee actually paid by Member).
There will be no refund of any amount: (i) if the new subscription is cancelled after the sixth month anniversary date, or (ii) for any renewed subscription fee regardless of when it is cancelled.
All existing subscriptions to QuizLab paid via credit card will be automatically renewed upon subscription expiration (the last day of the stated subscription term).
Payment for such renewal term, at the applicable then standard subscription price, will be automatically charged in the same manner and method of payment as the initial subscription was made, and the subscriber will be notified that such automatic renewal has occurred.
Subscriber agrees that any credit card or billing information provided corresponds to an account that subscriber is authorized to use, and subscriber acknowledges and agrees that Family Education Network is permitted to charge such account in order to collect payment and to continue to do so in the future for renewal subscriptions.
Quiz Lab Library.
To the extent that certain areas of this Site (including, but not limited to, the "Quiz Lab Library") provide Users an opportunity to post on-line quizzes and answers ("Postings"), PLEASE BE ADVISED THAT Family Education Network HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS FOR ACCURACY OR OTHERWISE PRIOR TO THEIR APPEARANCE ON THIS SITE, and such Postings do not necessarily reflect the views of Family Education Network.
The User making the Posting may choose to make its Posting available and accessible only to a specified group of Users or to all Users of this Site.
This Site may establish an upper limit on the size of the data it will maintain for Postings for any one User.
To the fullest extent permitted by applicable laws, Family Education Network shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on this Site.
The Posting User hereby represents and warrants that it has all necessary rights in and to all Postings and all material they contain; that such Postings shall not infringe any proprietary or other rights of third parties; that such Postings shall not contain any viruses or other contaminating or destructive devices or features; that such Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that such Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
By Posting on this Site, the User making such Posting hereby grants to Family Education Network and all other Users the non-exclusive, worldwide, perpetual and irrevocable right to use, copy, transmit and edit as desired any Posting, in any and all languages, formats and media, now known or hereafter developed.
Family Education Network reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, this Site or the Services or any part thereof, with or without notice.
You agree that Family Education Network will not be liable to you or any third party for any modification, suspension, or discontinuation of this Site or Services or any part thereof.
Further, you agree that Family Education Network will not be liable to you or any third party for any termination of your access to this Site or any of the Services.
You are responsible for maintaining the confidentiality of your user identification and password, and are fully responsible for all activities that occur under your user identification and password.
A student's user identification and password should only be disclosed to the student and the student's parents/guardians.
You agree to (a) immediately notify this Site of any unauthorized use of your user identification or password, or another User's user identification or password, or any other breach of security, and (b) ensure that you exit from use of this Site under your user identification and password at the end of each session.
Our email address is email@example.com.
You may also use the "Contact Us" link to send us an email message.
Our mailing address is Family Education Network, Inc., 501 Boylston St, Suite 900, Boston, MA 02116, Attention: QuizLab.