The following are the terms of use ("Terms" or "Terms of Use") that govern your use of the SwitchedOn Schoolhouse and Switched-On Online curriculum ("Switched-On").
We are not selling you this curriculum, or any part of it. All you are paying for is the right to use it on your school computer(s), or on computer(s) provided by your school, or if the curriculum is sent home by you with students on their home computers, as applicable. Your school is not buying anything exclusive. All of the following Terms apply to your and your Student(s) use, so, please make certain that you read and understand it before you use the Internet-based curriculum.
While you or a child ("Student(s)") is/are enrolled in a School that uses the Switched-On curriculum for a period of time ("Use Period") Alpha Omega Publications, Inc., ("AOP" or "we") will grant access to and allow the use of the Switched-On curriculum and AOP.com Site for purposes of providing educational and related services to you and to your Student(s) during that Use Period. By using this curriculum, you expressly agree to be bound by the following Terms and to follow all applicable laws and regulations governing the Site.
We reserve the right to change or to terminate these Terms at any time without notice to you and such changes shall become effective immediately upon posting on the AOP.com Site. Please check the AOP.com Site periodically. In addition, when using this curriculum, you agree to subject yourself to any posted guidelines or rules applicable to each service offered within the AOP.com Site, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
These Terms constitute a legal document that details your and your Student(s) rights and obligations as members ("Members") of the Switched-On Service, as described below. All Members must accept the Terms as a condition of membership of the Switched-On Service. When you complete the registration process and/or begin using the Switched-On service or curriculum, you are accepting the Terms of this Ender User License Agreement.
DESCRIPTION OF SERVICE
AOP, through Switched-On, provides you with access to an Internet-based learning environment, a curriculum which was developed and produced by AOP over many years including lessons, assessments, communication tools, and other offerings (the "Service"). You also understand that the Service may include certain communications from AOP such as service announcements, administrative messages, other membership messages and newsletters and that these communications are considered to be part of your use and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new AOP and/or Switched-On properties, shall be subject to the Terms. You understand and agree that the Service is provided "AS IS" and that AOP and Switched-On assume no responsibility for the timeliness, deletion, misdelivery or failure to store any User communications or personalization settings. You are responsible for obtaining access to the Service and all fees associated with such access. You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, 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: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (the "Registration Date") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to immediately suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
We are concerned about the safety and privacy of all its users, particularly children. When you create a Student Account and add your Student to the account, you certify that you are an authorized representative of the School in which the student is enrolled. Please remember that the Service is designed to appeal to users of the Switched-On curriculum and those enrolled in a school using the Switched-On curriculum. Accordingly, as the legal guardian, it is your responsibility to determine whether any or all of the Service areas are appropriate for your child.
PERMITTED USE
You understand that we reserve the right to revoke access to the Switched-On curriculum and SITE if we have reason to believe that these Terms have been or may be violated. You will be fully liable for all costs or losses to us or the School related to your violation of these Terms. We may disclose user information about you if required by applicable law or by subpoena or court order.
MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
FILTERING SOFTWARE
You understand and agree that for Student(s) enrolled in a School that uses the SOO curriculum, federal, state and/or local law may require that the computer made available to the Student(s) be equipped with filtering software to restrict access to Internet sites containing child pornography, obscene depictions, or other materials harmful to minors under 18 years of age. The software will work by scanning for objectionable works or concepts, as determined by the default settings of the software manufacturer. However, no software is foolproof, and there is a risk an Internet user may be exposed to a site containing such materials.
PROPRIETARY RIGHTS
You acknowledge and agree that all content, software, and materials available in Switched-On are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content in Switched-On on a single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrial of data or other content from the SITE to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
LINKING AND THIRD PARTY SITES
You may not link or deep-link to this Site or any content contained on it without our prior written consent. This Site may produce automated search results that reference or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of AOP/SOO, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by us or any association with its operators, nor do we warrant that other sites will not contain viruses or otherwise affect your computer. We can not and do not warrant that objectionable websites will not be accessible even with the installation of the filtering software.
ACCESS AND INTERFERENCE
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others' use or enjoyment of, the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
INTERSTATE NATURE OF COMMUNICATIONS ON THE AOP/Switched-On NETWORK
When you register with the Service, you acknowledge that in using certain services to send electronic communications (including but not limited to email, search queries, sending messages to our discussion boards, uploading photos and files, and other Internet activities), you will be causing communications to be sent through our computer networks. As a result, and also as a result of our network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the Service results in interstate data transmissions.
U.S. EXPORT CONTROLS
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
DISCLAIMERS OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AOP, THEIR SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AOP, SOO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN OUR TERMS. BECAUSE SOME JURISIDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU EXCEPT THAT AOP/SOO'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AOP, AND ANY OF ITS SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS ("RELEASED PARTIES") SHALL NOT BE LIABILE FOR ANY DIRECT OR, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOO PRODUCTS, SERVICES OR THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) ANY OTHER MATTER RELATING TO OUR PRODUCTS OR SERVICES OR THE SITE. SOME JURISDICTIONS DO NOT ALOW THE LIMITIATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT OUR LIABLITY IN SUCH JURSIDCTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
RELEASE
YOU HEREBY RELEASE AND FOREVER DISCHARGE AOP, THE SCHOOL AND ANY CHARTERING DISTRICT OR OTHER CHARTERING AUTHORITY, THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCESSORS AND ASSIGNS, ("RELEASED PARTIES"), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR STUDENT(S)' USE OF THE SOO CURRICULUM OR SITE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU OR YOUR STUDENT(S) MAY HAVE AS A RESULT OF HIS OR HER USE OF THE SOO CURRICULUM OR SITE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY THE LIMITATIONS SET FORTH IN "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITIES" MAY NOT APPLY TO YOU.
CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflicts of law terms. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site shall be filed only in the state or federal courts located in Maricopa County, Arizona, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless AOP, Switched-On and all and any of their subsidiaries, related or affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site, including claims arising out Member Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violations of any rights of another. 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 which event you will cooperate with us in asserting any available defenses.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms along, with any Enrollment Forms or related documents or Agreements, (if applicable), constitute the entire agreement between you and AOP/Switched-On with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and AOP/ Switched-On with respect to the SITE. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
You agree that we may, under certain circumstances and without prior notice, immediately suspend, terminate and/or delete your account and access to the Service. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (a) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service. Termination of your account may include (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, or access to the Service.
NOTICES REGARDING THIRD PARTY SOFTWARE AND RIGHTS
New American Standard Bible Updates
1960, 1962, 1963, 1968, 1971, 1972,
1973, 1975, 1977, 1995 by The Lockman Foundation
All rights reserved
http://www.lockman.org
The "NASB", "NAS", "New American Standard Bible" and "New American Standard" trademarks are registered in the United States Patent and Trademark Office by the Lockman Foundation. Use of these trademarks requires the permission of the Lockman Foundation.
Permission to Quote:
The text of the New American Standard Bible may be quoted and/or reprinted up to and inclusive of five hundred (500) verses without express written permission of The Lockman Foundation, providing the verses do not amount to a complete book of the Bible nor do the verses quoted account for more than 25% of the total work in which they are quoted.
Notice of copyright must appear on the title or copyright page of the work as follows:
"Scripture taken from the New American Standard Bible,
The Lockman Foundation 1960, 1962, 1963, 1968, 1971,
1972, 1973, 1975, 1977, 1995
Used by permission. http://www.Lockman.org
When quotations from the NASB text are used in not-for-sale media, such as church bulletins, orders of service, posters, transparencies or similar media, the abbreviation (NASB) may be used at the end of the quotation. This permission to quote is limited to material which is wholly manufactured in compliance with the provisions of the copyright laws of the United States of America and all applicable international conventions and treaties. Quotations and/or reprints in excess of the above limitations, or other permission requests, must be directed to and approved in writing by The Lockman Foundation, PO Box 2279, La Habra, CA 90632-2279, (714) 879-3055. http//www.lockman.org.
You are expressly prohibited from copying or otherwise duplicating the NASB databases, and from altering or otherwise modifying the NASB databases.
TRADEMARK INFORMATION
Alpha Omega Publications, SwitchedOn Online, and Switched-On Schoolhouse are registered trademarks or trademarks of Alpha Omega Publications, Inc., pending registration in the United States Patent and Trademark Office. All rights reserved.
PRIVACY POLICY
By using this Service, you acknowledge, consent and agree with the terms and conditions of our Privacy Policy located on aop.com as a condition precedent to your acceptance of and access to the Service.
ACKNOWLEDGEMENT
By using this Curriclum, you are acknowledging that you have read and agree with all of the Terms hereinabove, understand the limitations on your use of our materials, and agree that you will not hold us responsible for your use of these materials in any fashion. In addition, you agree that whether or not you have received any verbal or written information or statements from anyone else at any time regarding this product or your use of it, THIS AND THE ACCOMPANYING SWITCHED-ON SITE LICENSE IS THE ONLY AGREEMENT BETWEEN YOU AND US THAT APPLIES.