ACCEPTANCE OF TERMS

By accessing and using this Web site ("Site"), you agree to the terms and conditions set forth herein ("Terms of Use"). Edvation reserves the right to modify the Terms of Use at any time without notice to you. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

DESCRIPTION OF SERVICES

Edvation's Web properties, including, but not limited to www.edvation.com, www.pd21.com, www.techsteps.com, and www.in2class.com, provide you with access to a variety of resources, including content, software, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, and new features, are subject to the Terms of Use.

AVAILABILITY OF THE SITE

Edvation may at any time, with or without notice to you, restrict the use and accessibility of the Site as well as limit the duration and amount of use made of the Site. Other than periodic restrictions for the purposes of routine maintenance, such restrictions are typically only made in extraordinary circumstances which are beyond Edvation’s control. Edvation may change or discontinue any portion, feature, or content of the Site at any time with or without notice to you; however, Edvation will make reasonable effo¬rts to provide end users notice of significant changes to the Site when feasible and provide alternative materials if substantial portions of the Site are removed. Information and updates about the changes to the Site and its availability are posted regularly at the support website.

USE OF SITE

You may use the Services solely for personal, non-commercial purposes. No right or interest in any of the Services is transferred to you. Edvation reserves complete title and full intellectual property rights to all Services. You may not alter, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.

SOFTWARE ON THIS WEB SITE

Any software available for download from password-restricted areas of the Services ("Software") is the copyrighted work of Edvation and/or its licensors. Use of the Software is governed by the terms of the subscription license agreement ("Subscription License Agreement") that is provided to you when you purchase a license to an Edvation product. To receive additional copies of this Subscription License Agreement, contact sales@edvation.com com or an Edvation representative at any time. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the Subscription License Agreement. Any reproduction or redistribution of the Software not in accordance with the Subscription License Agreement is prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SUBSCRIPTION LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE SUBSCRIPTION LICENSE AGREEMENT, EDVATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Edvation Corporation, 400 112th Ave NE, Suite 240, Bellevue, WA 98004.

DOCUMENTS ON THIS WEB SITE

Permission to use documents made available in non-password-protected areas of the Services (such as case studies, press releases, knowledge base articles, and FAQs) is granted, provided that (1) the following copyright notice: "©Edvation. All rights reserved." appears in all copies, (2) use of such documents is only for informational and non-commercial or personal use, and (3) no modifications of any documents are made.

The documents specified above do not include the design or layout of the Edvation Web site or any other Edvation owned Web site. Elements of Edvation Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Edvation Web site may be copied or retransmitted unless expressly permitted by Edvation.

DISCLAIMER OF WARRANTIES

EDVATION MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES. EDVATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES. EDVATION DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. EDVATION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SERVICES. THE SITE, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

LIMITATION OF LIABILITY

NO EVENT WILL EDVATION, ITS LICENSORS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SERVICES, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES, (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF EDVATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, EDVATION’S, ITS LICENSORS’ AND AGENTS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

MEMBER ACCOUNT AND PASSWORD SECURITY

Some Services provide you with access to licensed, password-restricted content. You are responsible for maintaining the confidentiality of your password and account information and for any and all activities that occur under your account. You agree to notify Edvation immediately of any unauthorized use of your account or any other breach of security. Edvation will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Edvation server, or the network(s) connected to any Edvation server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Edvation server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF COMMUNICATION FACILITIES

The Services may contain e-mail services, bulletin board services, chat areas, forums, communities, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Facilities"). You agree to use the Communication Facilities only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Facilities, you will not: (1) Use the Communication Facilities in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages, (2) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, (3) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information, (4) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same, (5) Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, publicity, or other proprietary or privacy right of any party, (6) Upload files that contain viruses, Trojan horses, worms, time bombs, or any other similar software or programs that may damage the operation of another's computer or property of another, (7) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner, (8) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, (9) Restrict or inhibit any other user from using and enjoying the Communication Facilities, (10) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service, (11) Harvest or otherwise collect information about others, including e-mail addresses, (12) Violate any applicable laws or regulations, (13) Create a false identity for the purpose of misleading others, (14) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Edvation has no obligation to monitor the Communication Facilities. Edvation reserves the right to review materials posted to the Communication Facilities and to remove any materials in its sole discretion. Edvation reserves the right to terminate your access to any or all of the Communication Facilities at any time, without notice, for any reason whatsoever. Edvation reserves the right at all times to disclose any information as Edvation deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Edvation's sole discretion.

Use caution when giving out any personally identifiable information about yourself or your family in any Communication Facilities. Edvation does not control or endorse the content, messages or information found in any Communication Facilities. Edvation specifically disclaims any liability with regard to the Communication Facilities and any actions resulting from your participation in any Communication Facilities.

MATERIALS PROVIDED TO EDVATION OR POSTED AT ANY EDVATION WEB SITE

Edvation does not claim ownership of the materials you provide to Edvation (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions").

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, or pictures ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

By posting Submissions, you grant Edvation a perpetual license to host, transmit, use and distribute such Submissions for the purposes for which it is posted. You acknowledge and agree that Edvation reserves the right to preserve your Submissions: (a) for the longer of either the end of the relevant semester or other registration period for the relevant course or other website or for as long as the end user maintains an account with Edvation, and for a reasonable time thereafter in either event; and (b) indefinitely in the event of a potential violation of these terms or dispute pertaining to your Submission, the Website and/or the end user’s account. You acknowledge and agree that Edvation further reserves the right to disclose your Submission in association with your Personal Information if required to do so by law or based on the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service hereunder; (c) respond to claims that your Submission violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Edvation, its users and the public. In the case of Submissions embodying your performance of educational assignments and assessments, Edvation further reserves the right to host, transmit, use and distribute such content without reference to your Personal Information indefinitely for the limited purposes of product development and educational research.

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service@edvation.com.

LINKS TO AND FROM THIS SITE

Edvation Services may provide links to other Web sites ("Linked Sites"). If you use these links you will leave Edvation's web site. The Linked Sites are not under the control of Edvation. Edvation is not responsible for the availability of any such Linked Sites or the contents of any such Linked Site. Edvation is providing these links solely as a convenience to you, and the inclusion of any link does not imply endorsement by Edvation of the site.

You may not connect "deep links" to Web pages within Edvation Services. For example, you may not create a link to this site that bypasses the Home page. You may not mirror or frame the home page or any other pages of the Services on any other web site or web page.

UNSOLICITED SUBMISSIONS

Edvation does not want to receive and does not accept unsolicited ideas or proprietary information from you via the Services. You agree that any material, information, or data you transmit to us or post to the Services will be considered non-confidential and non-proprietary.

TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the Services without permission from the trademark owner, except as permitted by applicable law.