Terms of Service
1. Description of Services. In the Site, Interwrite provides users with descriptions of Interwrite’s services and access to lesson plans and a variety of written materials, some submitted by users, designed to assist in the learning process (the “Content”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access. Interwrite grants you a limited license to access and make personal use of the Site and the Content. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; linking to any internal or subsidiary pages of the Site located one or several levels down from the main page (“deep linking”); uploading, posting, or transmitting any Content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Interwrite’s sole discretion) an unreasonable or disproportionately large load on Interwrite’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Interwrite to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Interwrite.
3. Your Account. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Interwrite has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Interwrite has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Interwrite immediately of any unauthorized use of your account or any other breach of security. Interwrite reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
4. Submitted Content. Interwrite does not claim ownership of any materials you submit or make available to Interwrite for possible inclusion on the Site. At Interwrite’s sole discretion, such materials may be included in the Content in whole or in part, in a modified form, or as part of other Content. With respect to such materials you submit or make available for inclusion on the Site, you grant Interwrite a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 4.
5. Disclaimer of Warranty. EXCEPT AS OTHERWISE SPECIFIED IN A SEPARATE AGREEMENT BETWEEN YOU AND INTERWRITE, INTERWRITE MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS, CONTENT OR SERVICES PROVIDED. AS BETWEEN YOU AND INTERWRITE, ALL PRODUCTS, CONTENT AND SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANTI-VIRUS, SECURITY OR ACCURACY.
INTERWRITE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PROVIDER OF MATERIALS INCLUDED IN THE CONTENT.
6. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTERWRITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTERWRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
7. Indemnity. You agree to indemnify and hold Interwrite (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Service, or your violation of any law or the rights of a third party.
8. Electronic Communication. When you use the Site or send e-mails to Interwrite, you are communicating with Interwrite electronically. You consent to receive communications from Interwrite electronically. Interwrite will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Interwrite has no control over such sites and resources, you acknowledge and agree that Interwrite is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Interwrite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Site Policy Modification. Interwrite reserves the right to make changes to the Site, related policies and agreements, and this Terms of Service at any time. If Interwrite modifies this Terms of Service, it will notify you, with e-mail to the address associated with your account deemed sufficient notification, of such changes. If you choose to continue using the Site, you agree that by doing you will be deemed to accept the new Terms of Service.
11. Patents. None.
12. Trademarks. Interwrite, Interwrite Learning and Interactive Makeover are the exclusive trademarks of Interwrite Learning.
13. Procedure for Claims of Intellectual Property Infringement. Interwrite respects the intellectual property of others, and we ask our users to do the same. Interwrite may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Interwrite’s Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Interwrite’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Interwrite Learning
7125 Riverwood Drive
Columbia, MD 21046
By phone: (410) 381-6688
By fax: (410) 290-9065
By email: email@example.com
14. Survival of Terms After Agreement Ends. Notwithstanding any other provisions of this Terms of Service, or any general legal principles to the contrary, any provision of this Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Service.
15. General. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This Terms of Service and the relationship between you and Interwrite will be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You and Interwrite agree to submit to the personal jurisdiction of the federal and state courts located in the State of New Hampshire with respect to any legal proceedings that may arise in connection with this Terms of Service. The failure of Interwrite to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Interwrite does not guarantee it will take action against all breaches of this Terms of Service. Except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this Terms of Service. This Terms of Service constitutes the entire agreement between you and Interwrite and governs your use of the Site, superseding any prior agreements between you and Interwrite with respect to the Site.