USE OF TICKET TO READTM IS SUBJECT TO THE FOLLOWING TERMS OF USE AND PRIVACY POLICY AGREEMENTS. BY USING TICKET TO READ YOU CONSENT TO THE TERMS OF THE AGREEMENTS. IF YOU DO NOT CONSENT TO THE TERMS OF USE AND PRIVACY POLICY THEN YOU MUST NOT USE TICKET TO READ.
Voyager Expanded Learning, Inc. (Voyager)
Terms of Use
Welcome to Ticket to Read! Voyager Expanded Learning, Inc. ("Voyager") maintains the Ticket to Read web site located at www.tickettoread.com (the "Site" or "Ticket to Read").
Use of the Site is subject to the following terms and conditions (collectively, the "Agreement"). As used in this Agreement, the terms "we," "us," and "our," mean Voyager, 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.
BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, AGREE TO BE BOUND BY AND UNDERSTAND THIS TERMS OF USE AND THE PRIVACY POLICY BELOW, AND THAT YOU WILL COMPLY WITH ALL
APPLICABLE LAWS AND REGULATIONS. If you have any questions about your obligations under this Agreement, email webmonitor@voyagerlearning.com.
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, 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, 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 EXPANDED LEARNING, Ticket to Read and any other Voyager graphics, logos
and service names are trademarks and service marks of Voyager. All other marks contained on this Site are the sole property of Voyager's 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's
products or services. If you do not want to receive these emails from Voyager, you may contact us at webmonitor@voyagerlearning.com 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.
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's 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, 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's 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 Expanded Learning, Inc.
1800 Valley View Lane. Suite 400
Dallas, TX 75234
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's
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.