Terms of Use

ACCEPTANCE OF THESE TERMS OF USE

This Apex Learning® website is owned and operated by Apex Learning Inc.

Certain Apex Learning websites are freely accessible ("Apex Learning Corporate Websites"). Other Apex Learning websites are restricted to those who are authorized to access them by Apex Learning and have a user name and password ("Apex Learning Customer Websites"). These Terms of Use govern the Apex Learning Corporate Websites, and your use of these Apex Learning Corporate Websites is subject to these Terms of Use.

Please read these Terms of Use carefully before using this Apex Learning website.

In these Terms of Use, Apex Learning Inc. is referred to as "Apex Learning," "we," "us," or "our" and you, the end user, are referred to as "you" or "your."

By using the Apex Learning Corporate Websites you signify that you agree to these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use the Apex Learning Corporate Websites.

The Apex Learning Customer Websites are made accessible to those who are authorized to access them by Apex Learning and have been given a user name and password. Because the Apex Learning Customer Websites offer unique features, services and content from what is available on the Apex Learning Corporate Websites, they are governed by their own terms of use, which users may preview and must accept before accessing the Apex Learning Customer Websites. The Terms of Use for the Apex Learning Customer Websites can be found here.

MODIFICATION OF THESE TERMS OF USE

We reserve the right, at our discretion, to modify these Terms of Use at any time. Your continued use of the Apex Learning Corporate Websites after we have posted notice of changes to these Terms of Use constitutes your agreement to such changes.

AUTHORIZED USE OF CONTENT

All content on the Apex Learning Corporate Websites is owned by Apex Learning and its licensors and protected by U.S. and international copyright and other intellectual property laws.

You may access, use and make a machine-readable or print copy of this content for your personal use only, and not for commercial exploitation of any kind. You agree not to make any use of this content not expressly authorized in these Terms of Use.

You agree to maintain all copyright and other notices included in any Apex Learning Corporate Website content that you copy.

You also agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Apex Learning Corporate Websites, and you agree not to use any network monitoring tools to determine site architecture or extract information about website usage or users.

Apex Learning reserves all rights not expressly granted to you in these Terms of Use. No additional rights are granted by implication, estoppel or otherwise.

DIGITAL MILLENNIUM COPYRIGHT ACT – PROVIDING NOTIFICATION OF ALLEGED INFRINGEMENT

If you believe that your work has been used or is accessible on any Apex Learning Corporate Website in a way that constitutes copyright infringement, you may notify Apex Learning by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material on the website that you claim is infringing, and information reasonably sufficient to permit Apex Learning to locate the material; (4) information reasonably sufficient to allow Apex Learning to contact you, such as your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Apex Learning's agent for notice of claims of copyright infringement for the Apex Learning websites can be reached by mail at: Apex Learning Inc. 1215 Fourth Ave., Suite 1500 Seattle, WA 98161; Attn: Anita Straupenieks, Finance Department.

Apex Learning reserves the right to remove any material from the Apex Learning Corporate Websites that allegedly infringes another person's copyright.

WARRANTY DISCLAIMERS

THE APEX LEARNING CORPORATE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THERE IS NO WARRANTY THAT ACCESS TO THE APEX LEARNING CORPORATE WEBSITES WILL BE ERROR FREE OR UNINTERRUPTED; THAT THE INFORMATION ON THE APEX LEARNING CORPORATE WEBSITES WILL BE ACCURATE, COMPLETE OR RELIABLE; THAT THE APEX LEARNING CORPORATE WEBSITES WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL SOFTWARE CODE; OR OF TITLE OR NON-INFRINGEMENT.

APEX LEARNING HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES IN CONNECTION WITH THE APEX LEARNING CORPORATE WEBSITES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER AS TO THIRD PARTY WEBSITES

Apex Learning, its affiliates, officers, directors, employees and agents also disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Apex Learning Corporate Websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. Apex Learning is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in any third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements.

Apex Learning does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Apex Learning Corporate Websites. Apex Learning does not make any representation or warranty about the security of any information, including, without limitation, credit card and other personal information, you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party company or advertiser.

LIMITATION OF LIABILITY

APEX LEARNING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THE APEX LEARNING CORPORATE WEBSITES.

IN NO EVENT WILL APEX LEARNING'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE APEX LEARNING CORPORATE WEBSITES EXCEED ONE HUNDRED U.S. DOLLARS (US$100), REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF ANY CLAIM AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNITY

YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD HARMLESS APEX LEARNING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, ARISING IN CONNECTION WITH YOUR USE OF THE APEX LEARNING CORPORATE WEBSITES, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS OF USE, AND INCLUDING IN CONNECTION WITH ANY INFORMATION THAT YOU PROVIDE TO APEX LEARNING ON THE APEX LEARNING CORPORATE WEBSITES.

TRADEMARKS

APEX LEARNING®, the APEX LEARNING logo, CLASSTOOLS®, CLASSTOOLS ACHIEVE®, CLASSTOOLS VIRTUAL™, and LITERACY ADVANTAGE® are trademarks or registered trademarks of Apex Learning Inc., along with the names and/or logos of other Apex Learning products and services referenced herein.

GOVERNING LAW, JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the state or federal courts located in King County, Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

SEVERABILITY

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from these Terms of Use and such severance will not affect the validity and enforceability of any remaining provisions.

PRIVACY POLICY

Our Privacy Policy applies to the information we may collect from the Apex Learning Corporate Websites and the Apex Learning Customer Websites.

VIOLATION OF THESE TERMS OF USE

We reserve all remedies available to us for any violation of these Terms of Use, including but not limited to the right to block access to the Apex Learning Corporate Websites from a given internet address.

CONTACT INFORMATION

If you have questions or concerns regarding these Terms of Use, please contact our Support Team at: Apex Learning Inc. 1215 Fourth Ave., Suite 1500 Seattle, WA 98161 or via email at: support@apexlearning.com. In the U.S. you may also call us toll-free at: 1 (800) 453-1454.

Copyright © 2013 Apex Learning Inc. Apex Learning®, the Apex Learning logo, ClassTools®, ClassTools Achieve®, ClassTools Virtual™, and Literacy Advantage®, are either registered trademarks or trademarks of Apex Learning Inc.