Voyager Sopris Learning, Inc.
1. Modification to Terms of this Agreement. Voyager reserves the right to revise, amend or modify the terms of this Agreement at any time and in any manner at its sole discretion. Please check these terms periodically for changes. Notice of any revision, amendment or modification of the terms will be posted in this section of the Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. In addition, we might elect to notify you in other manners, at our sole discretion. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications. You can view the current version of these terms at www.tickettoread.com. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST DISCONTINUE USE OF TICKET TO READ AND THE SITE IMMEDIATELY.
2. Limited License and Site Use. Subject to the terms of this Agreement, Voyager grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site that you are authorized to access for your personal, informational, and noncommercial use. This Site may only be used by authorized users for lawful purposes. Except as otherwise stated in this Agreement, you may not: (a) modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, or other materials on, generated by or obtained from this Site (collectively, "Materials"); (b) use any automated means to access the Site or collect any information from the Site, including without limitation robots, spiders or scripts (This means, among other activities, that you agree not to engage in the practices of "screen scraping," database scraping," or any other activity with the purpose of obtaining information from this Site); (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (d) engage in any conduct that could damage, disable, or overburden (i) this Site, or (ii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site; (e) probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, systems, networks, servers, or accounts related to this Site; (f) distribute (by whatever means) materials that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful or objectionable; or (g) use this Site or any of our services in any commercial manner, specifically, any commercial solicitation by you of our customers, clients, partners or guests is prohibited.
3. Intellectual Property. All Materials included on this Site (including, without limitation, text, graphics, logos, button icons, images, audio clips and software) are the property of Voyager Sopris, its licensors and service providers, or the parties specifically indicated, and are protected by U.S. and international copyright laws. The collection, arrangement and assembly of any Materials on this Site are the exclusive property of Voyager Sopris, its licensors and service providers, and are protected by U.S. and international intellectual property laws, including copyright laws. All software used on this Site is the property of Voyager or its software suppliers, and is protected by U.S. and international intellectual property laws, including copyright laws. The Materials and software on this Site may be used solely as provided in this Agreement. Any other use of the Materials on this Site is strictly prohibited. Voyager Sopris Learning, Ticket to Read and any other Voyager graphics, logos and service names are trademarks and service marks of Voyager Sopris. All other marks contained on this Site are the sole property of Voyager Sopris' licensors or of the parties indicated.
4. Email Communications. You hereby authorize Voyager to send electronic mail to you for the purpose of advising you of changes or additions to this Site or about any of Voyager Sopris' products or services. If you do not want to receive these emails from Voyager Sopris, you may contact us at firstname.lastname@example.org and remove your email address from the mailing list. You agree that it is your sole responsibility to scan any documents attached to our electronic mail for computer viruses, and to hold Voyager harmless for any computer viruses you may receive from electronic mail sent from Voyager Sopris.
5. Passwords and Registration. Portions of the Site are protected by usernames and passwords, and require you to login. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information, including your username and password. You shall be responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Voyager of any unauthorized use of your account, username or password.
6. Termination. Upon any breach by you of this Agreement, Voyager may pursue, in its sole discretion, all of its legal remedies, including but not limited to termination of your registration and your ability to access the Site. Voyager may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. You agree that any termination of your access to this Site may be effected without prior notice, and you acknowledge and agree that Voyager may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to this Site. Further, you agree that Voyager is not liable to you or any third-party for any termination of your access to this Site.
7. Links. Voyager may provide, or third parties may provide, links to other World Wide Web sites or resources that are beyond Voyager Sopris' control. Voyager makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against Voyager Sopris, with respect to such sites. VOYAGER IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. If you decide to access linked third party Web sites, you do so at your own risk.
8. Territory. Unless otherwise specified, the Materials in this Site are presented solely for the purposes of education, entertainment, personal enrichment and the promotion of products and services available in the United States. We control and operate this Site from our offices in Dallas, Texas, U.S.A. We make no claims that the Materials are appropriate for use outside of the United States. If you choose to use this Site from outside of the United States, you are solely responsible for compliance with your local laws. If anything on this Site is not legal in your jurisdiction, you must not access or use it.
9. Choice of Law; Arbitration. This Agreement is governed by and will be construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflict of laws. You agree that any action at law or in equity arising out of or relating to this Agreement or arising out of your use of this Site shall be resolved through binding arbitration using the then current rules of the American Arbitration Association, in Dallas, Texas, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court. You can address such grievances through arbitration only and you are hereby consenting to do it in Dallas, Texas, using Texas' laws (without regard to Texas' rules on conflict of laws). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas County, Texas as necessary to protect the party's rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas. If any provision of this Agreement is deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the fullest extent allowed by law, and shall not affect the validity and enforceability of any remaining provisions.
10. Disclaimer of Warranty. THIS SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VOYAGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VOYAGER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE AND IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AND SERVICES, AS TO THE QUALITY AND PERFORMANCE OF THE MATERIALS AND SERVICES, AND AS TO THE ACCURACY OR COMPLETENESS OF THE MATERIALS AND SERVICES IS ASSUMED SOLELY BY YOU. VOYAGER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, COMPLETENESS, QUALITY, SUITABILITY, RELIABILITY OR OTHERWISE. YOU (AND NOT VOYAGER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF THE MATERIALS ON THIS SITE. VOYAGER MAKES NO WARRANTIES ABOUT COMPLIANCE WITH THE FEDERAL EDUCATION RIGHTS AND PRIVACY ACT ("FERPA"), AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR COMPLIANCE WITH FERPA IN ALL RESPECTS.
11. Limit on Liability. IN NO EVENT IS VOYAGER LIABLE FOR ANY LOST PROFITS OR PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF VOYAGER OR A VOYAGER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE MATERIALS, OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL VOYAGER BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $100. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
12. Indemnity. You agree to indemnify, defend and hold Voyager and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Voyager Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by you in connection with: (a) any use or alleged use of the Site or the Materials under your account or password by any person, whether or not authorized by you, (b) your violation of this Agreement; (c) your violation of the rights of any other person or entity, or (d) any violation of FERPA. Voyager reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Voyager Sopris' defense of such claim.
13. Notice and Procedure for Making Claims of Copyright Infringement. If you have a claim of copyright infringement, you must send proper written notification to the following Designated Agent:
Attn: Chief Financial Officer
Voyager has no obligation to respond to any notification that does not comply with the notification requirements under the United States Copyright Act, including the notification requirements of the Digital Millennium Copyright Act (DMCA).
14. General. This Agreement constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to your use of this Site. You shall comply with all laws and regulations applicable to your access and use of the Site. This Agreement incorporates the terms of the Privacy Statement for Voyager Ticket to Read by reference herein. The terms of the Privacy Statement may be viewed at www.tickettoread.com. Voyager Sopris' failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. Voyager shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. Voyager may change, remove, or require registration or payment to continue use of any aspect of the Site at any time without further notice to you.
Voyager Sopris Learning, Inc.
This site, www.tickettoread.com (the "Site" or "Ticket to Read") provides you and your students access to Voyager Sopris' Ticket to Read. As used in this Agreement, the terms "we," "us," and "our," mean Voyager Sopris, and "you" and "your," refer to anyone that purchases, accesses or uses Ticket to Read, including, but not limited to, schools, school districts, representatives of schools or school districts, teachers, parents, and legal guardians. This system is an integral component of Voyager Sopris' curriculum products and provides valuable reporting, instructional recommendations, and other resources used by teachers and other instructional leaders in conjunction with Voyager Sopris' curriculum with the goal of improving student performance.
This statement describes the privacy and security practices Voyager Sopris employs for this Site. We have adopted these practices to protect you, the students, and the school district, and to enable each of us to comply with applicable legal requirements. Use of this Site requires district acceptance of the practices outlined in this statement.
Two types of personally identifiable information are used on this Site: your personal data and student data.
Your Personal Data
Protection: Because you enter your personal data, you control its accuracy. If you discover that your personal data is inaccurate or if it changes, you may make corrections by notifying us at email@example.com or 1.800.547.6747. We will not share your personal data collected through this Site with third persons without your consent. However, your personal data will be available to authorized users from your school district who have permission from the school district to access it. We will not use your personal data collected through this Site for any purpose other than providing you with access to this Site and the associated services, and to notify you of, and make available to you, additional services. We will use the same security to protect your personal data that we use to protect student data collected through this Site.
Student Data Security and Confidentiality Statement
Data Entered: Only a minimum amount of Student Data required for the setup of the system is requested. We require student first name, student last name, and student identification number. Additional data, not specific to the student, is also required to complete system setup, including the teacher first and last name, class name, grade level, and school name. Student demographic data, for the purposes of optional disaggregated reporting, is requested separately from the initial setup data and is obtained only with written permission from your district.
Data Collected: In addition to the Student Data you enter, the Site will collect Student Data as the students use the Site. This data includes scores and answers on the Ticket to Read exercises, but may include other data.
Use, Disclosure, and Storage: We will use the Student Data to provide the services to your school district. We will not keep the Student Data after you or the school district instructs us to delete it, unless we are required by law to keep it. You may not disclose or otherwise use the Student Data entered or collected on this Site for any unauthorized purposes.
We will only disclose Student Data to authorized employees or representatives of the school district, and will not knowingly disclose the Student Data to any third person without express written authorization with the exception of the Reader Leader Board and Clubhouse of the Week Awards as described below. When, at the request of the district, we acquire assessment or other information, including personally identifiable Student Data, from a third party source we treat that information with the same confidentiality and security safeguards as though it were provided directly by the district. Additional agreements may be required by the third party to authorize transmission of data to Voyager Sopris.
Your district may from time to time request that Voyager Sopris provide Student Data to third parties of its choosing. We will do so with written authorization, which acknowledges that Voyager Sopris is providing that data as your district's agent and that once the data is received by the third party, Voyager Sopris no longer has any control over the use or disposition of the data.
We may also use aggregated data in our research, product development, and marketing. That aggregated, non-personally identifiable data (e.g., summary or statistical data) may be shared with third parties. However, we do not use personally identifiable Student Data to market any products or services directly to students or their parents.
In the event that Voyager Sopris wishes, from time to time, to release aggregated data that identifies your school or school district by name, Voyager Sopris will enter into a separate agreement with you to authorize release and publication.
Reader Leader Board: The Site will feature a high score list accessible to the public. This high score list will include the first name, school name, and total tickets of the top 100 scoring students. The list may display the information of the top 100 scoring students of the day, the week, the year, or all time. The high score list may include the top 100 students of a school, a district, a state, or the United States. If you feel that applicable law requires parental consent for the disclosure of the high score list it is your responsibility to obtain such consent.
Clubhouse: The Site will feature a Clubhouse of the Week which will be randomly chosen from the higher scoring students. The award will list the student's first name, school, and total tickets. The award will be viewable by the public on the Site. If you feel applicable law requires parental consent for the disclosure of the Clubhouse of the Week it is your responsibility to obtain such consent.
Data Quality: You are responsible for keeping the Student Data that you enter accurate, complete and up-to-date. If you recognize that Student Data is inaccurate, incomplete, or out-of-date, you are responsible for correcting it. If you experience problems making corrections to Student Data, please notify us at firstname.lastname@example.org or 1.800.547.6747 and we will assist you with making corrections.
Security Safeguards: We are committed to protecting Student Data against unauthorized access, destruction, use, modification or disclosure. Protecting Student Data requires efforts from us and from you. We will implement reasonable and appropriate safeguards when collecting Student Data from you and the students and when storing that Student Data in our database and you will observe our security safeguards and exercise reasonable caution when using this Site.
Specific institutional and technological security safeguards include:
When you use this Site, you consent to our privacy practices and agree to accept the responsibilities outlined in this statement.
Voyager Sopris endeavors to provide the highest level of customer service to the many school districts who are our customers. Voyager Sopris' payment terms are net 30 days, and our shipping terms are FOB Origin. Voyager Sopris acts as the agent for our customers in arranging insurance to protect them from loss while their program materials are in transit. Returns must be accompanied by a properly issued return materials authorization (RMA) within 90 days of receipt of program materials. Restocking fees may apply.