TERMS OF USE AGREEMENT
WELCOME TO THE N2Y, INC. AND RELATED COMPANIES (COLLECTIVELY, "N2Y") WEBSITE. ACCESS TO, AND USE OF, THE INFORMATION CONTAINED ON THIS WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS LISTED BELOW. PLEASE READ AND REVIEW CAREFULLY THESE TERMS AND CONDITIONS WHICH GOVERN YOUR USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE SIGNIFIES YOUR BINDING CONSENT TO ALL SUCH TERMS AND CONDITIONS.
N2Y RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AND TO MAKE CHANGES OR UPDATES TO THIS WEBSITE AND THE PRODUCTS, PROGRAMS OR SUBSCRIPTIONS DESCRIBED ON THIS WEBSITE AT ANY TIME AND WITHOUT NOTICE TO YOU. PLEASE REFER TO THIS AGREEMENT ON A FREQUENT BASIS SO THAT YOU UNDERSTAND ITS TERMS AND CONDITIONS CURRENTLY IN EFFECT. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING ANY MODIFICATIONS, CHANGES OR UPDATES TO THESE TERMS AND CONDITIONS SIGNIFIES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS.
COPYRIGHT
© ALL MATERIAL AND CONTENT ON THIS WEBSITE IS UNDER THE COPYRIGHT OF NEWS-2-YOU, INC. (1997-2012), UNIQUE LEARNING SYSTEM, LLC (2007-2012) AND SYMBOLSTIX, LLC (2000-2012). THIS MATERIAL CAN BE COPIED BY PAID SUBSCRIBERS ONLY FOR USE WITH THEIR STUDENTS. A SUBSCRIBER IS ONE TEACHER, PARENT OR THERAPIST THAT HAS A PAID SUBSCRIPTION TO THE PRODUCT, MATERIALS OR CONTENT THEY ARE COPYING. NO PART OF THESE PRODUCTS, MATERIALS OR CONTENT, INCLUDING THE STORIES, REPORTS, RECIPES, JOKES, OR PICTURES, CAN BE REPRODUCED FOR SALE AND IS STRICTLY PROHIBITED.
© SYMBOLSTIX PICTURES ARE UNDER THE COPYRIGHT OF SYMBOLSTIX, LLC. THESE PICTURES ARE UNIQUELY DRAWN ICONS THAT REPRESENT WORDS. THESE ICONS ARE DRAWN IN A SIMPLISTIC WAY SO STUDENTS CAN UNDERSTAND THE MEANING OF WORDS. THERE ARE MANY CHARACTERS AND LOGOS INCLUDED IN THE SYMBOLSTIX PICTURES. THESE CHARACTERS AND LOGOS ARE FLAT REPRESENTATIONS THAT CAN BE USED FOR COMMUNICATION AND INSTRUCTION AND CAN BE COPIED FOR THESE PURPOSES ONLY. THESE CHARACTERS AND LOGOS CANNOT BE USED FOR RESALE AND SUCH RESALE IS STRICTLY PROHIBITED.
WARNING: YOU HAVE SUBSCRIBED TO THESE MATERIALS PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND ALL MATERIALS AND CONTENT ARE PROTECTED BY APPLICABLE COPYRIGHT LAW AND INTERNATIONAL TREATIES. UNAUTHORIZED REPRODUCTION, DISTRIBUTION OR USE OF MATERIALS OR CONTENT MAY RESULT IN CIVIL AND/OR CRIMINAL PENALTIES AND WILL BE PROSECUTED TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW. YOU MAY NOT: (1) RENT, LEASE OR SUBLICENSE THE ONLINE SUBSCRIPTION SERVICE, MATERIALS OR CONTENT; OR (2) DECOMPILE, REVERSE ASSEMBLE OR REVERSE ENGINEER THE ONLINE SUBSCRIPTION SERVICE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE ONLINE SUBSCRIPTION SERVICE AND ACCOMPANYING MATERIALS AND CONTENT (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY N2Y, AND ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
FURTHER, N2Y DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE ONLINE SUBSCRIPTION SERVICE AND ACCOMPANYING MATERIALS AND CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE ONLINE SUBSCRIPTION SERVICE AND ACCOMPANYING MATERIALS AND CONTENT IS ASSUMED BY YOU. IF THE ONLINE SUBSCRIPTION SERVICE OR ACCOMPANYING MATERIALS AND CONTENT ARE DEFECTIVE, N2Y OR ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SOLE RESPONSBILITY SHALL BE REPLACEMENT OF THE DEFECTIVE SUBSCRIPTION, MATERIALS OR CONTENT AND YOU SHALL HAVE NO FURTHER REMEDY RELATING TO THE DEFECT.
NEITHER N2Y NOR ANY OTHER INDIVIDUAL OR ENTITY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE ONLINE SUBSCRIPTION SERVICE OR ACCOMPANYING MATERIALS AND CONTENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE ONLINE SUBSCRIPTION SERVICE OR ACCOMPANYING MATERIALS AND CONTENT REGARDLESS OF WHETHER N2Y HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PLEASE NOTE THAT THE INFORMATION CONTAINED IN THIS SECTION SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THESE MATTERS.
TERMINATION
N2Y RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO ALL, OR ANY PART, OF THIS WEBSITE AT ANY TIME AND WITHOUT NOTICE. N2Y, IN ITS SOLE DISCRETION, MAY ALSO DISCONTINUE OPERATING THIS WEBSITE AND TERMINATE THIS AGREEMENT AT ANY TIME AND WITHOUT NOTICE FOR ANY REASON.
NO WAIVER
THE FAILURE OF N2Y TO ENFORCE ANY TERMS AND CONDITIONS OF THIS AGREEMENT OR TO RESPOND TO ANY BREACH BY YOU OR OTHER PARTIES SHALL NOT IN ANY WAY BE DEEMED A WAIVER OF N2Y'S RIGHT TO ENFORCE ANY TERMS OR CONDITIONS OF THIS AGREEMENT.
GOVERNING LAW AND VENUE
BY USING THIS WEBSITE, YOU AGREE THAT THE LAWS OF THE STATE OF OHIO, WITHOUT REGARDS TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THIS AGREEMENT AND ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND N2Y. FURTHER, YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY DISPUTE RESIDES IN THE COURTS OF HURON COUNTY, OHIO.
SEVERABILITY
ALL PROVISIONS OF THIS AGREEMENT ARE SEVERABLE AND NEITHER THIS AGREEMENT NOR ANY PROVISION HEREOF SHALL BE AFFECTED BY THE INVALIDITY, INAPPLICABILITY OR UNENFORCEABILITY OF ANY OTHER PROVISION OF THIS AGREEMENT.