TERMS OF USE

We are glad you have decided to use the services we offer on our Site for the Power Up! Building Reading Strength program and we hope you find them useful. For both your protection and ours, we have established the following Terms of Use document that we expect all teachers, students, parents, administrators, and other visitors, registered or otherwise, to follow while in (or at) our Site. Because we reserve the right to modify these Terms of Use at any time, please check them regularly. Your continued use of our Site means that you acknowledge these Terms, as they may be modified from time to time, and agree to abide by them at all times. Please note that you will be referred to as "User" from time to time in this Agreement.

This Site is the property of Steck-Vaughn Company and its licensors and is protected by United States and International Copyright laws. All copyright, trademark and other proprietary rights in this Site and in the software, text, graphics, design elements, audio, music and all other materials originated or used by Steck-Vaughn at this Site (the "Company Information") are reserved to Steck-Vaughn and its licensors.

Steck-Vaughn Company grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the services made available on the Site on any machine(s) of which you and/or members of your class(es) are the primary User(s) in accordance with the terms of your subscription to the Power Up! service. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the services received thereunder. Any attempt to sublicense, transfer, sell, or assign this license is void.

Except for printing out or downloading portions of the text and images for your own personal, non-commercial use, copying or duplication of the Company Information or the services in any manner, including software that has been modified, merged, or included with the services, or the written materials associated therewith is expressly forbidden.

In addition to the content on our Site, we have organized and pre-researched some Internet resources around key curriculum topics. Whenever you link to one of these services from our Site, a new browser window opens. The content you find on many of these sites may also be proprietary and subject to use restrictions. Be sure to contact the administrator of each site with regards to the use of any information you find there.

Steck-Vaughn accepts no responsibility for any material which may reside in or which is accessed by the Site other than Company Information. Steck-Vaughn has no responsibility for information on any other sites.You may not upload, post or transmit any illegal, obscene, offensive, gambling or otherwise inappropriate material to the Site.

We offer teachers the ability to post their students' book reviews in our Book Review area subject to these Terms of Use. By posting book reviews, and uploading files, inputting data, or engaging in any other form of communication related to the posting of such book reviews on this Site, the teacher and student are granting Steck-Vaughn a royalty-free, non-exclusive, worldwide license to use, copy, adapt to fit on our Site, transmit, publicly perform or display any such communicated material on this Site or otherwise.

For book reviews posted on this Site, teachers and students will not include any personal information of the student in, or in association with, such book review. Personal information which may not be posted includes first and last names, home or other physical address, e-mail address, telephone number, social security number or other information which, when used in combination with other information on the Site, would permit physical or online contacting of the student. Teachers may include the student's first name and last initial and the name and city of the student's school to identify the author of the book review.

If you are an administrator or teacher submitting student materials to the Site or assigning Passwords and Member IDs to students, you acknowledge that you have received a signed parent permission letter from such students, and you accept responsibility for informing students' parents or guardians about the students' use of and access to the Site, the materials that students are submitting and the ways in which the materials may be used by us. In addition, by sending materials to us you warrant and represent that such materials transmitted do not infringe upon any copyright, patent, trademark, or any other proprietary right, including moral rights of any author.

YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND THE SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION OUR SOFTWARE OR SERVICES LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION).

SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF COMPANY INFORMATION, PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR 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, TORTIOUS OR BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STECK-VAUGHN COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

STECK-VAUGHN'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF OUR SITE OR PRODUCTS SHALL BE LIMITED TO THE REPLACEMENT OF ANY PRODUCT FOUND TO BE DEFECTIVE OR RETURN OF YOUR MONIES PAID. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION WITH US. NEITHER STECK-VAUGHN COMPANY NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES ON THE SITE.

Power Up!, and mypowerup.com are service marks and/or trademarks of Steck-Vaughn Company. Other trademarks appearing on the Site are trademarks of their respective owners. You shall not display, disparage, dilute, or taint our trademarks and service marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our service marks or trademarks by you or your classroom shall inure to the benefit of Steck-Vaughn Company.

You agree to use our Site in a manner consistent with all applicable laws and regulations. NOTICE We may give notice to you by means of a general notice on the Site, via electronic mail to your e-mail address on record or by written communication sent by first-class mail to the address you provide in your billing information. You may give notice to us-such notice shall be deemed given when received by us at any time by any of the following: 1. Electronic mail to mrivas@steckvaughn.com. 2. Letter delivered by first-class postage prepaid mail to Steck-Vaughn Company at the following address: Steck-Vaughn Company PO Box 26015Austin, TX 78755Attn: Customer Service

Upon our request, you agree to defend, indemnify and hold us harmless from any dispute that may arise from your breach of the terms of this Agreement. You agree to hold Steck-Vaughn Company and its affiliates, employees, contractors, officers, directors, and/or content providers harmless from any and all claims and expenses, including attorney's fees and court costs, related to your violation of this Agreement, including any information, software, files, messages, e-postcards, or other content placed on our Site by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification of us in that matter.

User may terminate this Agreement and User's right to use our Site and services at any time by notification to us as set forth above. We may terminate your account or access rights to the Site at any time, without notice, for conduct that we believe violates this Agreement or other policies or guidelines that we have posted on our Site.

Any use of the Company Information or other materials on this Site, other than printing or downloading portions of the text and images for User's personal, non-commercial use requires the prior written consent of Steck-Vaughn Company which may be granted or denied with our sole discretion. Requests for permission should be directed to Permissions Department, Steck-Vaughn Company, PO Box 26015, Austin, Texas 78755.