QTOPIA

These Terms of Use ("Terms") constitute an Agreement between you and Qwizdom Inc (Qwizdom is also referred to herein as "Qtopia") regarding Qwizdom's online Qtopia service. By using Qtopia, you agree to these Terms in full.

If you are a teacher/administrator, you represent and warrant that you have the authority under the policies of your school to agree to these Terms. You further acknowledge and agree that you wish to use Qtopia as described herein for delivering educational content to students and for collecting student responses and information.

School Hours (6:30AM-4PM or 7:30AM-5PM, Monday-Friday)

Qtopia offers online educational services during school hours (designated as 6:30AM-4PM or 7:30AM-5PM depending on location, Monday-Friday) to enhance classroom learning. Qtopia's educational services are for the benefit of educators and their students, and may include, without limitation, online delivery of quizzes, exercises, tests, reporting tools, analytical tools, and communication mechanisms between students and teachers. Any collection of student information using Qtopia during school hours is under the direct control of the school or teacher/administrator.

After School Hours

Parents/guardians and students can access Qtopia outside of school hours. Qtopia requires parental/guardian consent for access by students under the age of 13 outside of school hours. In addition, Qtopia offers "enhanced features" for use outside of school hours, and parents/guardians have control over whether such enhanced features are accessible. Enhanced features will include, for example, additional graphical tools for encouraging online learning.

Qtopia is committed to each user's personal privacy. For example, Qtopia uses industry standard SSL (secure socket layer) or TLS (Transport Layer Security) encryption to transfer private, personal information. As a teacher/administrator activating Qtopia for use in your classroom/school, you represent that this privacy and security policy has been authorized by the school.

Unfortunately, no data transmission over the Internet is 100% secure, and Qtopia does not warrant the security of any information collected using its services. By agreeing to these Terms, you agree to use Qtopia at your own risk, and agree that Qtopia shall not be liable if a security breach occurs, if the site malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by Qtopia, the school, or an unauthorized third party.

Student identifying information collected on Qtopia during School Hours is collected at the direction of your school for the use and benefit of the school and the student.

Each student will have a unique username or identification code ("ID") and password provided by the school. The username/ID and password will be usable by students, at the discretion of the school, to allow students to access and participate in learning activities online during school hours.

Qtopia will not share identifying or personal information of any particular student with third parties (third parties do not include the student who provided the information, the parent/guardian of a particular student who provided information, and the school who authorized access by the student to Qtopia) without specific requirement by the school. For example, if your school uses third parties to manage information, the school may direct Qtopia to share the personal information with that third party under the school's direction and control.

If, in the future, Qtopia, or substantially all of its assets are acquired, the maintenance of all collected personal information may be transferred to the acquiring party, provided that the acquiring party implement a privacy and security policy at least as restrictive and secure as Qtopia's present policy in relation to personal information, and provided that the collected personal information remain under the control of the school.

Qtopia does not analyze information regarding how particular individuals use Qtopia during School Hours as part of its normal course of business. Individual usage of the system during school hours may be analyzed to resolve technical problems or to investigate violations of these Terms.

If you have any questions regarding privacy and security policy, please contact Qtopia by email at or by writing to:

Qtopia
12617 Meridian E
Puyallup, WA 98373
Via email: privacy@qtopia.com

Qtopia users always have the option to stop using Qtopia. A request to "Opt Out" can be made directly to Qtopia at Optout@Qtopia.com and will result in termination the user's access to any online activities that require a username/ID and password, and this will necessarily terminate the user's ability to use any of the features so that the user will not be able to complete work online or review educational materials online.

Users, including all students and educators, promise NOT to use Qtopia for any of the following purposes or activities:

• conducting or supporting illegal activity of any type whatsoever
• transmitting or storing worms or viruses or any code of a destructive nature
• threatening, harassing, abusing, impersonating, injuring or intimidating others
• interfering with others' use of Qtopia, unless such interference is for the purpose of complying with another section of these Terms
• delivering spam or collecting information to deliver spam, or sending unsolicited advertisements
• decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained on Qtopia
• disguising the origin of any content transmitted through Qtopia or manipulating your presence on Qtopia and/or
• causing the launch of any automated system(s) that access Qtopia in a manner that sends more request messages to servers of Qtopia in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser

In order to utilize Qtopia, you (student or educator) must have a Qtopia username/ID and password. Student Usernames/IDs can also be used by parents/guardians for access. All passwords must contain at least eight (8) alphanumeric characters. Qtopia may, at its sole discretion, and without prior notice to any parties, change your password and/or username/ID and provide notice to the school of the same, and/or require that you change your username/ID and/or password. You understand and agree that you are solely responsible for safeguarding all access rights that you have for any school material and data accessible under your username/ID and/or password. Therefore, you must guard and diligently protect these.

Any Qtopia password and/or username/ID is not transferable or assignable.

You are responsible for your conduct and activities arising during use of Qtopia and for any content or data you provide to or through Qtopia. You agree that Qtopia is not responsible for, nor liable for, any mistakes, inaccuracies, lack of usefulness, defamation, omissions, falsehood, obscenity or otherwise offensive material in any of the content or data provided to Qtopia by users. You also understand that Qtopia does not, and has no obligation to, monitor, pre-screen nor pre-approve content or data, but that Qtopia shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any content or data that is available via Qtopia, for any reason, including a violation of any of these Terms.

You warrant and represent to Qtopia that you are not infringing the intellectual property rights of others whenever you provide content or data on or through Qtopia and that you are fully authorized to transmit all such content or data to Qtopia. You agree to fully indemnify and hold Qtopia harmless for any infringement of the rights of others caused by your use of Qtopia, as further set forth in Section 16 below. You agree that your use of Qtopia does not grant you any ownership or other intellectual property rights in any aspect of Qtopia, or any content or data provided by other users. You also agree that Qtopia is not responsible for protecting any intellectual property rights you, or another party, may assert in the content or data you provide to Qtopia.

Qtopia does not claim ownership in the content or data you provide; however, by providing content or data to Qtopia, you are granting Qtopia, and its affiliates, a fully paid-up, perpetual license to use, store, modify, copy, make derivative works of, make compilations containing, and transmit any such content or data for the purpose of carrying out the services in Section 3 above in accordance with these Terms.

Qtopia responds to notices of alleged copyright infringement in a manner compliant with the Digital Millennium Copyright Act. To provide or respond to notices of copyright infringement, you will need to take the following steps:

NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you have a "good faith" belief that content provided on Qtopia infringes your rights, and you wish for Qtopia to address the accused infringing content, you must first provide the following information in the manner described in lines (1)-(7), which you can provide in a document entitled "Notification":

(1) Identify the copyright work you claim is infringed. What is the original copyright work you claim is infringed?

(2) Identify the content that you claim is infringing the copyright work. You also need to provide enough information for Qtopia to locate the accused content.

(3) Provide your contact information, including full name, mailing address, telephone number, and email address, if available.

(4) Provide a statement that you have a "good faith" belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."

(6) Provide your signature on the Notification (or an electronic signature).

(7) Send your Notification to our Designated Agent address at:

Qwizdom, Inc.
Designated Agent
12617 Meridian E.
Puyallup, WA 98373
Or DMCA@Qwizdom.com

You should take statements 4, 5 and 6 above in the Notification very seriously. Complainants can be forced to pay significant fines and sanctions for misrepresenting copyright claims. If you are in any way unsure of your copyrights or the infringement of your copyrights, Qtopia urges you to contact an attorney before sending your Notification. If Qtopia receives your Notification, and the Notification substantially complies with the above requirements from the DMCA, Qtopia will remove or disable access to the accused Materials, subject to all other requirements of the DMCA. Some of the requirements are that if Qtopia removes or disables access to the accused Materials, it must promptly attempt to notify the user (if the user's contact information is reasonably available to it) who uploaded the accused Materials that this has been done. The user will be provided an opportunity to submit a "Counter Notification." If Qtopia receives a "Counter Notification", it will provide a copy to you accompanied by a notice explaining that Qtopia needs to replace the removed Materials, or cease disabling access to it in ten business days, unless Qtopia's Designated Agent first receives notice from you that you have filed an action in court seeking an order to restrain the user from engaging in infringing activity relating to the accused Materials on Service.

COUNTER NOTIFICATION

If Qtopia removes or disables access to content you provide as a result of a NOTIFICATION of alleged copyright infringement, we will promptly attempt to identify and notify you if we have reasonable access to your contact information. If you disagree with the allegation of copyright infringement, you can provide a COUNTER NOTIFICATION, which must include the following:

(1) Identify the content (material) that has been removed or to which access has been disabled.

(2) Provide this statement: "I swear under penalty of perjury that I have a good faith belief that the content removed or disabled was the result of a mistake or misidentification of the content."

(3) Provide your name, address and telephone number and email address (if available).

(4) Provide this statement: "I consent to the jurisdiction of the Federal District court for the judicial district in which the address (above) is located, or if my address is outside the United States, the Western District of Washington State, USA, and I will accept service of process from the person who provided the notification/complaint or that person's agent."

(5) Sign the document (or provide an electronic signature).

(6) Send the COUNTER-NOTIFICATION to our designated agent at:

Qwizdom, Inc.
Designated Agent
12617 Meridian E.
Puyallup, WA 98373
Or DMCA@Qwizdom.com

You should take statements 2 and 4 above in the Counter-Notification very seriously. Misrepresentations made by those accused of copyright infringement can result in the payment of enhanced damages, fines and/or sanctions. If you are in any way unsure of whether there has been an infringement, we urge you to contact an attorney before sending your Counter-Notification.

Repeat infringers will lose access permanently to any Qtopia services.

Qtopia reserves the right to change these Terms at any time, for any reason, and without notice, including the right to terminate the services of Qtopia. Therefore, it is your responsibility to review these Terms and Conditions from time to time so you will be apprised of any changes.

THIS SERVICE, QTOPIA, AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH QTOPIA ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, QWIZDOM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. QWIZDOM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL QWIZDOM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF QWIZDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES.

THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

All legal issues arising from or related to the use of Qtopia shall be construed in accordance with the laws of the State of Washington, without regard to conflicts of law principles. By using Qtopia and agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts located in and serving King County, Washington with respect to disputes arising out of or relating to these Terms or your use of Qtopia.

You agree to defend and indemnify Qwizdom from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, and (iii) misuse of Qtopia by a third party where such misuse was made available by your failure to take reasonable measures to protect your ID and password against misuse.

These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements between Qwizdom and you with respect to the subject matter herein, except that any other terms and conditions located on any service associated with QWIZDOM are incorporated herein by this reference to the extent they do not conflict with these Terms. More specifically, in the event that you utilize your Qtopia username/ID and password to enter and use Qwizdom Connect online services you do hereby also agree to be bound by the terms of use for Qwizdom Connect for any activity related to your use of Qwizdom Connect. The terms of use governing your use of Qwizdom Connect are set forth in below as ATTACHMENT A and are incorporated herein by this reference.

If you accept the Terms (by using this Service), you are granted a non-exclusive, non-transferable, revocable license (revocable at any time by Qtopia) to access and use Qtopia, strictly in accordance with these Terms.

These Terms of Use constitute an Agreement between you and Qwizdom Inc (also referred to herein as "Qtopia") regarding Qwizdom's Qtopia After School Services. By using Qtopia After School Services, you agree to these Terms of Use (the "Terms") in full. You also agree to provide true, accurate, current and complete information as may be required for use of Qtopia's After School Services. Qtopia's Privacy Policy is set forth in detail below.

Any user under the age of 13 is required to obtain parental or guardian consent before using Qtopia's After School services. Consenting parents/guardians will be able to directly access their child's information collected by Qtopia After School Services, with the right to change or correct the information and the right to revoke his or her authorization at any time. See the Qtopia Privacy Policy Below.

Users, including all students, parents/guardians and educators, promise NOT to use this Service for any of the following purposes or activities:

• conducting or supporting illegal activity of any type whatsoever
• transmitting or storing worms or viruses or any code of a destructive nature
• threatening, harassing, abusing, impersonating, injuring or intimidating others
• interfering with others' use of Qtopia, unless such interference is for the purpose of complying with another section of these Terms
• delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements
• decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in this Service
• disguising the origin of any content transmitted through this Qtopia or manipulating your presence on Qtopia

School Service (6:30AM-4PM or 7:30AM-5PM, Monday-Friday)

Qtopia offers online educational services during school hours (designated as 6:30AM-4PM or 7:30AM-5PM depending on location, Monday-Friday) to enhance classroom learning. These services are provided under the control and direction of your school (or your child's school) and include, without limitation, online delivery of quizzes, exercises, tests, reporting tools, analytical tools, and communication mechanisms between students and teachers.

Qtopia After School Services

Parents/guardians and students can also access Qtopia outside of school hours, for use in accessing online homework, educational materials and other content and educational activities. The delivery of online content through Qtopia on behalf of your school is provided at the discretion of your school; however, Qtopia maintains additional independent educational content accessible during after school hours. Qtopia's service offered after school hours is referred to herein as Qtopia After School Services. Parental/guardian consent is required for access by students under the age of 13. Qtopia After School Services include enhanced features not accessible on Qtopia during school hours. Online delivery of homework (when provided by your school) through Qtopia, is accessible without payment; however, enhanced features may require payment. Enhanced features are completely optional and will include, for example, additional graphical tools that make online education more entertaining for students, which can encourage learning. Enhanced features will be available for purchase using a credit card and any associated costs will be clearly posted for parental/guardian review.

In accordance with federal law (Children's Online Privacy Protection Act), Qtopia cannot condition a child's participation in an activity on the child's disclosure of more personal information than is reasonably necessary to participate in the activity.

Collection of Non-personally Identifiable Information:

Non-personally Identifiable Information is information that, by itself, cannot be tracked to an individual or used to contact an individual. Qtopia After School Services may collect non-personally identifiable information while you are using Qtopia. For example, Qtopia After School Services may collect surfing information such as pages you visit on Qtopia, time/date of such activities, and links you may have selected. Qtopia After School Services may use different types of technologies to collect this information, including cookies.

Qtopia After School Services may display links to third parties.

If you choose to click on a link, Qtopia may provide non-personally identifiable information to the third party. Also, the third party may use cookies or other technologies to collect information when you are visiting their web sites. The information advertisers or other third parties collect is governed by their individual privacy policies, not by Qtopia's privacy policy.

Personally Identifiable Information.

Qtopia After School Services may ask you to provide personal information. Such information may include: name, age, grade, email address, gender and educational interests. This information may be collected actively via direct input from the student on Qtopia After School Services registration forms or email newsletters.

Use of Non-Personally Identifiable Information:

Qtopia After School Services may use non-personally identifiable information collected to improve services by, for example, diagnosing service problems, maintaining security, adjusting ad placements on pages with more traffic, presenting you with information that we think you would be interested in seeing for educational purposes, or to count and recognize returning users. Qtopia After School Services may also use non-personally identifiable information collected to determine user demographics, interests, and behavior and may market Qtopia services/products by sharing non-personally identifiable information with potential customers or partners. Qtopia may provide non-personally identifiable information to contractors so that they can perform services for us or we may share such aggregated non-personally identifiable information with prospective marketing partners, advertisers and others.

Use of Personally Identifiable Information:

Qtopia strives to maintain confidentiality and security of all personally identifiable information. Such personally identifiable information collected via Qtopia After School Services is intended only for i) Qtopia's internal use, including administration and marketing of Qtopia features to users of Qtopia; ii) allowing educators to identify, analyze and track their students educational progress (Note: educators with access to a student information are the same as those educators who would be allowed access to a student academic records in a normal academic setting, including teachers, school administrators, and school officials); iii) allowing students confidential access to Qtopia (e.g., user verification); and iv) allowing parent/guardian access to the personal information and progress of his or her child. Qtopia may share personally identifiable information with third parties who provide Qtopia with administrative services (such as, but not limited to, authorization of credit card and check transactions). These service providers are granted access to some or all of your personal information as necessary to provide services to Qtopia but are contractually restricted from using your personal information in any manner other than as may be necessary to perform their services for Qtopia.

Qtopia may release any information about any user, including personally identifiable information, if in our sole discretion, release is appropriate to comply with the law, requests or orders from law enforcement, court order, or any investigation. We also may release information to protect our rights, property, or other interests, including those of our customers or users or to prevent illegal activities or violations of these Terms.

If in the future, Qtopia, or substantially all of its assets are acquired, the control of all collected personal information may be transferred to the acquiring party, provided that the acquiring party implement a privacy and security policy at least as secure as Qtopia's present policy in relation to personal information.

At any time after providing the parental/guardian consent set forth below, any parent/guardian may request to obtain all specific information that Qtopia After School Services has collected from the child. Qtopia can be contacted at:

Qtopia
12617 Meridian E
Puyallup, WA 98373
1-877-794-9366
Email: privacy@Qtopia.com

Upon parent/guardian consent and subsequent activation of student account for Qtopia After School Services, a username and password will be sent to the parent/guardian via email. Parents/guardians can use their accounts to revoke consent as described below.

REVOCATION OF CONSENT BY PARENT/GUARDIAN -

At any time, a parent/guardian may revoke his/her consent, or refuse to allow Qtopia to further use or collect their child's personal information. To revoke consent go to www.Qtopia.com and log in with the parent/guardian username and password. Locate the PARENT/GUARDIAN CONTROLS tab, then click on the "REVOKE CONSENT" link and follow the prompts. Revocation of consent will result in termination of your child's access to any online activities that require collection of personal information, and this will necessarily terminate your child's ability to use any of the Qtopia After School Services features including any base features so that your child will not be able to complete homework online or review educational materials online.

Qtopia is committed to each user's personal privacy, and utilizes multiple measures to help ensure confidentiality of personal information submitted to Qtopia. For example, Qtopia uses industry standard SSL (secure socket layer) or TLS (Transport Layer Security) encryption to transfer private, personal information. Unfortunately, no data transmission over the Internet is 100% secure, and Qtopia does not warrant the security of any information collected using its services. By agreeing to these Terms, you agree to use Qtopia at your own risk, and agree that Qtopia shall not be liable if a security breach occurs, if the site malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by Qtopia, the school, or an unauthorized third party.

In order to utilize Qtopia, you must have an online username/ID and password. The online password must contain at least eight (8) alphanumeric characters. Qtopia may, at its sole discretion, and without prior notice to you, change your password and/or username/ID and provide notice to you of the same, and/or require that you change your username/ID and/or password. You understand and agree that you are solely responsible for safeguarding all access rights that you have for any school material and data under your username/ID and/or password. Therefore, you must guard and diligently protect these.

Any Qtopia password and/or username/ID is not transferable or assignable.

You are responsible for your conduct and activities arising during use of Qtopia and for any content or data you provide to or through Qtopia. You agree that Qtopia is not responsible for, nor liable for, any mistakes, inaccuracies, lack of usefulness, defamation, omissions, falsehood, obscenity or otherwise offensive material in any of the content or data provided to Qtopia by users. You also understand that Qtopia does not, and has no obligation to, monitor, pre-screen nor pre-approve content or data, but that Qtopia shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any content or data that is available via Qtopia, for any reason, including a violation of any of these Terms.

YOU WARRANT AND REPRESENT TO QTOPIA THAT YOU ARE NOT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHENEVER YOU PROVIDE CONTENT OR DATA ON OR THROUGH QTOPIA AND THAT YOU ARE FULLY AUTHORIZED TO TRANSMIT ALL SUCH CONTENT OR DATA TO QTOPIA. YOU AGREE TO FULLY INDEMNIFY AND HOLD QTOPIA HARMLESS FOR ANY INFRINGEMENT OF THE RIGHTS OF OTHERS CAUSED BY YOUR USE OF QTOPIA, AS FURTHER SET FORTH IN SECTION 16 BELOW. YOU AGREE THAT YOUR USE OF QTOPIA DOES NOT GRANT YOU ANY OWNERSHIP OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ANY ASPECT OF QTOPIA, OR ANY CONTENT OR DATA PROVIDED BY OTHER USERS. YOU ALSO AGREE THAT QTOPIA IS NOT RESPONSIBLE FOR PROTECTING ANY INTELLECTUAL PROPERTY RIGHTS YOU, OR ANOTHER PARTY, MAY ASSERT IN THE CONTENT OR DATA YOU PROVIDE TO QTOPIA.

QTOPIA DOES NOT CLAIM OWNERSHIP IN THE CONTENT OR DATA YOU PROVIDE; HOWEVER, BY PROVIDING CONTENT OR DATA TO QTOPIA, YOU ARE GRANTING QTOPIA, AND ITS AFFILIATES, A FULLY PAID-UP, PERPETUAL LICENSE TO USE, STORE, MODIFY, COPY, MAKE DERIVATIVE WORKS OF, MAKE COMPILATIONS CONTAINING, AND TRANSMIT ANY SUCH CONTENT OR DATA FOR THE PURPOSE OF CARRYING OUT THE SERVICES IN ACCORDANCE WITH THESE TERMS.

Qtopia responds to notices of alleged copyright infringement in a manner compliant with the Digital Millennium Copyright Act (DMCA). To provide or respond to notices of copyright infringement, you will need to take the following steps:

NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you have a "good faith" belief that content provided on Qtopia infringes your rights, and you wish for Qtopia to address the accused infringing content, you must first provide the following information in the manner described in lines (1)-(7), which you can provide in a document entitled "Notification":

(1) Identify the copyright work you claim is infringed. What is the original copyright work you claim is infringed?

(2) Identify the content that you claim is infringing the copyright work. You also need to provide enough information for Qtopia to locate the accused content.

(3) Provide your contact information, including full name, mailing address, telephone number, and email address, if available.

(4) Provide a statement that you have a "good faith" belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."

(6) Provide your signature on the Notification (or an electronic signature).

(7) Send your Notification to our Designated Agent address at:

Qwizdom, Inc.
Designated Agent
12617 Meridian E.
Puyallup, WA 98373
Or DMCA@Qwizdom.com

COUNTER NOTIFICATION

If Qtopia removes or disables access to content you provide as a result of a NOTIFICATION of alleged copyright infringement, we will promptly attempt to identify and notify you if we have reasonable access to your contact information. If you disagree with the allegation of copyright infringement, you can provide a COUNTER NOTIFICATION, which must include the following:

(1) Identify the content (material) that has been removed or to which access has been disabled.

(2) Provide this statement: "I swear under penalty of perjury that I have a good faith belief that the content removed or disabled was the result of a mistake or misidentification of the content."

(3) Provide your name, address and telephone number and email address (if available).

(4) Provide this statement: "I consent to the jurisdiction of the Federal District court for the judicial district in which the address (above) is located, or if my address is outside the United States, the Western District of Washington State, USA, and I will accept service of process from the person who provided the notification/complaint or that person's agent."

(5) Sign the document (or provide an electronic signature).

(6) Send the COUNTER-NOTIFICATION to our designated agent at:

Qwizdom, Inc.
Designated Agent
12617 Meridian E.
Puyallup, WA 98373
Or DMCA@Qwizdom.com

Repeat infringers will be permanently banned from using any of Qtopia's services.

Qtopia reserves the right to change these Terms at any time, for any reason, and without notice, including the right to terminate the services of Qtopia. Therefore, it is your responsibility to review these Terms and Conditions from time to time so you will be apprised of any changes.

THIS SERVICE, QTOPIA, AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH QTOPIA ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, QWIZDOM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. QWIZDOM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL QWIZDOM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF QWIZDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES.

THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

By your use of Qtopia, you warrant that you are either are at least 13 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, and obligations, set forth in these Terms.

All legal issues arising from or related to the use of Qtopia shall be construed in accordance with the laws of the State of Washington, without regard to conflicts of law principles. By using Qtopia and agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts located in and serving King County, Washington with respect to disputes arising out of or relating to these Terms or your use of Qtopia.

You agree to defend and indemnify Qwizdom from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, and (iii) misuse of Qtopia by a third party where such misuse was made available by your failure to take reasonable measures to protect your ID and password against misuse.

These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements between Qtopia and you with respect to the subject matter herein, except that any other terms and conditions located on any service associated with QWIZDOM are incorporated herein by this reference to the extent they do not conflict with these Terms. More specifically, in the event that you utilize your Qtopia username/ID and password to enter and use Qwizdom Connect online services you do hereby agree to be bound by the terms of use of the online component of Qwizdom Connect, which terms of use are set forth in below as ATTACHMENT A, and which ATTACHMENT A is incorporated herein by this reference.

Qtopia After School Services may contain links to third-party web sites that are not controlled by Qtopia. Qtopia does not control these third-party web sites and assumes no responsibility for, the content, privacy policies, or practices of those third-party web sites. You expressly agree that Qtopia is not liable for any claims arising from your use of any third-party web site. Unless we expressly state otherwise, the fact that a link to a third-party web site is provided by Qtopia is not an endorsement or affiliation with respect to such web site or its owners or providers.

If you accept the Terms (by using this Service), you are granted a non-exclusive, non-transferable, revocable license (revocable at any time by Qtopia) to access and use Qtopia After School Services, strictly in accordance with these Terms.

These Terms of Use constitute an Agreement between you and Qwizdom. You are about to use a service through QWIZDOM CONNECT software (also referred to herein as “the Software”) or a web-based version of the QWIZDOM CONNECT service, to transmit information through the Internet to a server hosted by Qwizdom, Inc. By using this QWIZDOM CONNECT service (the “Service”), you agree to these Terms of Use (the “Terms”) in full. You also agree to provide true, accurate, current and complete information as may be requested by Qwizdom. 

Please backup your data, material and content (if any) independently, saving such data, material or content on a local device in your exclusive control. Changes may occur to the Service, and as such, data, material and/or content you provide to this Service could be lost.

This Service currently has two main components, namely, (1) a “content sharing tool” to assist professional educators in the sharing of educational content and (2) an online “reporting tool,” for professional educators to use in analyzing, storing and viewing educational performance data specific to individual students and/or groups of students. The content sharing tool is accessible to all Licensees of QWIZDOM CONNECT software (and Licensees of the QWIZDOM CONNECT web-based Service). Certain features of the content sharing tool, may also be accessible to the general public, at the sole discretion of Qwizdom. However, the reporting tool is only accessible to school officials (including teachers) for schools that have approved the reporting tool in writing with Qwizdom and are performing in an agreement between Qwizdom and the school. 

In addition, Qwizdom may provide supplemental content through the content sharing tool in addition to content shared by users, with the supplemental content being accessible to users only upon payment of a license fee to Qwizdom.

The content you post in this Service through the content sharing tool shall be accessible to others for their use, as further described in Section 12 below. Also, Qwizdom may create derivative works and compilations using the content that you post through the content sharing tool, and Qwizdom may charge a fee to all users for obtaining access to use such compilations or derivative works incorporating any part of the content you post, as further described in Section 12. Qwizdom does not claim ownership of the content you post, but Qwizdom shall have the right to sublicense such content in a compilation or derivative form in exchange for a fee.

The restrictions listed below apply currently but may be changed in the future. For example, in the future, Qwizdom may implement mechanisms to allow parents and students to access certain aspects of the reporting tool. However, until further notice from Qwizdom, the following restrictions apply.

• REPORTING TOOL RESTRICTIONS: To use the reporting tool, you must be a school official (which includes teachers) of your School or School District (“the school”), and the school must approve use of the reporting tool. In such case, Qwizdom will activate a user ID for your use. If the school has not approved the use of the reporting tool, then your use of the reporting tool is prohibited.
• AGE RESTRICTION. Qwizdom does not currently offer this Service to anyone under the age of 18, and if you are under the age of 18, you are hereby expressly notified that you are not permitted to use this Service. Qwizdom is not responsible for monitoring or seeking verification of user qualification or age. However, if Qwizdom discovers that users are accessing this Service in violation of these terms, Qwizdom may immediately take action to terminate the access of such users. We are sorry for any inconvenience this may cause; however, this is part of Qwizdom’s policy to be compliant with state and federal regulations and laws.

You promise NOT to use this Service for any of the following purposes or activities:

• conducting or supporting illegal activity of any type whatsoever;
• transmitting or storing worms or viruses or any code of a destructive nature;
• threatening, harassing, abusing, impersonating, injuring or intimidating others;
• interfering with others' use of this Service, unless such interference is for the purpose of complying with another section of these Terms;
• delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements;
• uploading or sharing any content or data making reference to a particular student, or specific to a particular student, unless approved by the school;
• decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in this Service;
• disguising the origin of any content transmitted through this Service or manipulating your presence on the Service; and/or
• causing the launch of any automated system(s) that access this Service in a manner that sends more request messages to servers of the Service in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Qwizdom’s provision of the reporting tool is subject to the review of the school (which may include your local school district). Qwizdom stores and uses data in the reporting tool provided by you (the school official), or the school, under the direction of the school.

• Qwizdom (which includes Qwizdom’s affiliates who will have access to the school material and data only as necessary for Qwizdom to provide the Service) strives to provide and deliver measures needed by the school to comply with applicable state and federal laws, such as, for example, the Family Education Right and Privacy Act (FERPA). Qwizdom does not currently accept content or data in the reporting tool provided directly from students or parents of students, or other third parties.
• Qwizdom will not, without written consent of the school, sell, rent or loan any data you submit through the reporting tool, to anyone, and the same will generally apply to personal data regarding school officials. However, Qwizdom may allow its affiliates to have access to and use the reporting tool data to assist Qwizdom in providing this Service as provided in (i) above, and if in the future, Qwizdom, or substantially all of its assets are acquired, the control of the data may be transferred to the acquiring party, provided that the acquiring party implement a privacy and security policy at least as restrictive and secure as Qwizdom’s present policy in relation to the data.
• Other than the acquiring party and Qwizdom affiliates referred to above, Qwizdom will make efforts to avoid any disclosure of reporting tool data to anyone other than you or other approved school officials of your school unless required to do so by law. However, the content you provide in the content sharing tool will be viewable by users of QWIZDOM CONNECT online, and may also be viewable online by the public, at Qwizdom’s discretion, so please do not include any sensitive personal data, or any student data through the content sharing tool. Qwizdom will not monitor the content to review for personal data.
• Qwizdom may allow residual data to reside within its Service’s system even after deletion by you for an indefinite period. But this privacy and security policy shall continue to apply to the residual data for no less than five years after deletion of the data.
• Qwizdom may automatically receive and record information on its server logs from user browsers, including IP address, cookies and requested page. Qwizdom may use this information for service improvements, research, anonymous reporting, and to make the Service more convenient, such as automatically recognizing you when you return.
• No security system is impenetrable and risks of breach exist in any system. However, Qwizdom promises to make efforts to keep your password, user ID, and reporting tool data secure. You agree to use this Service at your own risk, and agree that Qwizdom shall not be liable if a security breach occurs, if the Service malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by you, another school official, Qwizdom, the school, or an unauthorized third party.

Qwizdom has the right and sole discretion to change its privacy and security policies at its sole discretion, at any time, subject only to the school electing not to participate in the use of the Service. If Qwizdom changes its privacy or security policy, Qwizdom will transmit those changes to you or post them at www.qwizdom.com, or at another website which Qwizdom will announce to your school or to you directly.

If you have any questions or suggestions regarding Qwizdom’s privacy and security policy, please contact Qwizdom using the contact information provided at www.qwizdom.com, or by email at privacy@qwizdom.com.

Currently, Qwizdom prohibits the provision of content or data to the Service relating to any of the following:

Political affiliations of any party, including students, schools, or parents;
Social security numbers;
Sex behavior and attitudes of students;
Illegal, anti-social, self-incriminating and demeaning behavior of students; and
Information provided by legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.

In order to utilize this Service, you must have an online ID and/or password. The online ID and/or password must contain at least eight (8) alphanumeric characters. Qwizdom may, at its sole discretion, and without prior notice to you, change your password and/or user ID and provide notice to you, or the school, of the same, and/or require that you change your ID and/or password. You understand and agree that you are solely responsible for safeguarding all access rights that you have for any school material and data under your ID and/or password. Therefore, you must guard and diligently protect these.

Any password and/or ID you establish, or right given to you to access particular school material and data through this Service, is not transferable or assignable.

You are responsible for your conduct and activities arising during use of this Service and for any content or data you provide to or through this Service. You agree that Qwizdom is not responsible for, nor liable for, any mistakes, inaccuracies, lack of usefulness, defamation, omissions, falsehood, obscenity, pornography, profanity or otherwise offensive material in any of the content or data provided to the Service by users. You also understand that Qwizdom does not, and has no obligation to, monitor, pre-screen nor pre-approve content or data, but that Qwizdom shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any content or data that is available via the Service, for any reason, including a violation of any of these Terms.

If you accept the Terms (by using this Service), you are granted a non-exclusive, non-transferable, revocable license (revocable at any time by Qwizdom) to access and use the Service, strictly in accordance with these Terms. However, your use of the reporting tool shall be permitted only if your school has approved the reporting tool, is paying the requisite license fee, and has approved your access. Also, your access and use of Qwizdom provided content shall be permitted only if you or your school are paying the requisite license fee. Subject to the license granted herein, Qwizdom exclusively retains all right, title and interest in this Service, the Qwizdom provided content, all aspects of this Service, and all of Qwizdom’s products, software, and other properties provided to you or used by you through this Service.

Qwizdom does not claim ownership in the content or data you provide; however, by providing content or data to this Service, you are granting Qwizdom, and its affiliates, a fully paid-up, perpetual license to use, store, modify, copy, make derivative works of, make complications containing, and transmit any such content or data for the purpose of carrying out the Service in accordance with these Terms. With respect to content you provide, you grant Qwizdom a fully paid-up world-wide right to publicly display, publicly perform, publish, sublicense under any terms, create derivative works and compilations of, and sublicense under any terms derivative works and compilations of, such content and to sublicense to third parties under any terms the unrestricted right to exercise any of the foregoing rights granted with respect to the same.

Qwizdom responds to notices of alleged copyright infringement in a manner compliant with the Digital Millennium Copyright Act. To provide or respond to notices of copyright infringement, you will need to take the following steps:

NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you have a ""good faith"" belief that content provided on this Service infringes your rights, and you wish for Qwizdom to address the accused infringing content, you must first provide the following information in the manner described in lines (1)-(7), which you can provide in a document entitled ""Notification"":

• Identify the copyright work you claim is infringed. What is the original copyright work you claim is infringed?
• Identify the content that you claim is infringing the copyright work. You also need to provide enough information for Qwizdom to locate the accused content on our Site(s).
• Provide your contact information, including full name, mailing address, telephone number, and email address, if available.
• Provide a statement that you have a ""good faith"" belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• Provide this statement: ""I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.""
• Provide your signature on the Notification (or an electronic signature).
• Send your Notification to our Designated Agent address at:

  Qwizdom, Inc.
  Designated Agent
  12617 Meridian E. Puyallup, WA 98373
  
  Or DMCA@Qwizdom.com

You should take statements 4, 5 and 6 above in the Notification very seriously. Complainants can be forced to pay significant fines and sanctions for misrepresenting copyright claims. If you are in any way unsure of your copyrights or the infringement of your copyrights, Qwizdom urges you to contact an attorney before sending your Notification. If Qwizdom receives your Notification, and the Notification substantially complies with the above requirements from the DMCA, Qwizdom will remove or disable access to the accused Materials, subject to all other requirements of the DMCA. Some of the requirements are that if Qwizdom removes or disables access to the accused Materials, it must promptly attempt to notify the user - (if the user’s contact information is reasonably available to it) who uploaded the accused Materials that this has been done. The user will be provided an opportunity to submit a ""Counter Notification."" If Qwizdom receives a ""Counter Notification"", it will provide a copy to you accompanied by a notice explaining that Qwizdom needs to replace the removed Materials, or cease disabling access to it in ten business days, unless Qwizdom’s Designated Agent first receives notice from you that you have filed an action in court seeking an order to restrain the user from engaging in infringing activity relating to the accused Materials on Service.

COUNTER NOTIFICATION

If Qwizdom removes or disables access to content you provide as a result of a NOTIFICATION of alleged copyright infringement, we will promptly attempt to identify and notify you if we have reasonable access to your contact information. If you disagree with the allegation of copyright infringement, you can provide a COUNTER NOTIFICATION, which must include the following:

• Identify the content (material) that has been removed or to which access has been disabled.
• Provide this statement: ""I swear under penalty of perjury that I have a good faith belief that the content removed or disabled was the result of a mistake or misidentification of the content.""
• Provide your name, address and telephone number and email address (if available).
• Provide this statement: ""I consent to the jurisdiction of the Federal District court for the judicial district in which the address (above) is located, or if my address is outside the United States, the Western District of Washington State, USA, and I will accept service of process from the person who provided the notification/complaint or that person's agent.""
• Sign the document (or provide an electronic signature).
• Send the COUNTER-NOTIFICATION to our designated agent at:

  Qwizdom, Inc.
  Designated Agent
  12617 Meridian E. Puyallup, WA 98373
  
  Or DMCA@Qwizdom.com

You should take statements 2 and 4 above in the Counter-Notification very seriously. Misrepresentations made by those accused of copyright infringement can result in the payment of enhanced damages, fines and/or sanctions. If you are in any way unsure of whether there has been an infringement, Qwizdom urges you to contact an attorney before sending your Counter-Notification.

You agree to indemnify, defend and hold harmless Qwizdom, its partners, shareholders, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, ""Affiliated Parties"") from any liability, loss, claim and expense related to, or arising out of, content, data or material you submit to the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Qwizdom reserves the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate. Qwizdom may disclose information about its users, or the content, material or data (including school material and data) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.

Qwizdom reserves the right to terminate your access to this Service at its sole discretion at any time and to restrict your access from the reporting tool or any content for breach of these Terms. Qwizdom will make efforts to inform you prior to taking any necessary action that may impact your access to this Service. However, certain circumstances may arise that require Qwizdom to act, at its discretion immediately, to preserve the integrity of the Service. You agree that Qwizdom has the right, at its sole discretion, to terminate your access to this Service (or any part thereof), immediately and without notice, and to remove and discard any content, material or data within the Service, for any reason, including, without limitation, if Qwizdom believes that you have acted inconsistently with the Terms. Qwizdom will terminate access for users that are repeat infringers of others’ copyrights. You agree that Qwizdom shall not be liable to you nor any third-party for any such termination of your access to the Service and that all limitations on liability in Section 17 apply. Furthermore, you agree not to attempt to use the Service after said termination. Notwithstanding any termination, the Sections of this agreement that would naturally be expected to survive shall survive.

SUBJECT TO THE EXCEPTIONS OF LIMTIATION IN THE APPLICABLE AGREEMENT BETWEEN QWIZDOM AND YOUR SCHOOL OR SCHOOL DISTRICT REGARDING THIS SERVICE, UNDER NO CIRCUMSTANCES SHALL QWIZDOM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON QWIZDOM'S SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, GENERAL AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (REGARDLESS OF WHETHER QWIZDOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE QWIZDOM SERVICES, FROM INABILITY TO USE THE QWIZDOM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE QWIZDOM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE QWIZDOM SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE QWIZDOM SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE QWIZDOM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE QWIZDOM SERVICES. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE QWIZDOM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE QWIZDOM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. [SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.] Without limiting the foregoing, under no circumstances shall Qwizdom be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

ANY INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THIS SERVICE ARE PROVIDED ""AS-IS,"" ""AS AVAILABLE,"" WITH ""ALL FAULTS"", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). YOU UNDERSTAND AND AGREE THAT USE OF THE QWIZDOM SERVICE IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, QWIZDOM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE QWIZDOM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, QWIZDOM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON QWIZDOM'S SERVICE, OR ACCESSED THROUGH ANY LINKS ON QWIZDOM'S SITE(S). TO THE FULLEST EXTENT PERMITTED BY LAW, QWIZDOM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

This Agreement and the Master License Agreement between your School or School District and Qwizdom (if one has been executed), together form an integrated Agreement regarding the Service, and constitutes the entire and the only agreed upon Terms between you and Qwizdom regarding this Service. No other terms made outside of this Agreement shall apply to the relationship between you and Qwizdom. These Terms and this Agreement may be modified at any time by Qwizdom only, from time-to-time, and any such modification shall replace any and all prior version of this Agreement, between you and Qwizdom, and shall take such effect immediately upon being posted by Qwizdom, or transmitted to you by Qwizdom. Thus, please check for updates of this Agreement which Qwizdom may transmit to you. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. You and Qwizdom agree that any action to enforce this Agreement shall be brought within the jurisdiction of the courts located within the county of King in the State of Washington. The language in this Agreement shall be interpreted as to its fair meaning and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by Qwizdom in its sole discretion to a third party in the event of an acquisition, sale, merger, or transfer of a substantial amount of Qwizdom’s assets, subject to all other Terms herein. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with this Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Qwizdom's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. If you are a resident (which includes “school”) of a state having a civil code section providing that a general release does not extend to claims that the creditor does not know or suspect to exist in his/her favor at the time of executing the release, or any other provision having same or similar effect, you waive your rights under such provision unless otherwise prohibited by law. Qwizdom is located in Qwizdom, Inc. 12617 Meridian E Puyallup, WA 98373 (1-800-347-3050)*. The titles, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

The marks QWIZDOM, QWIZDOM CONNECT, QWIZDOM EMPOWERING INTELLIGENT INTERACTION, and the design(s) and stylizations associated therewith are the properties of Qwizdom, Inc., in the USA and elsewhere. This Service, the site features and related software are protected under US and international copyright laws and you are hereby notified that copyrights are claimed by Qwizdom. You agree to abide by any and all copyright notices displayed on this Service. You also agree not to attempt to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. 

All legal issues arising from or related to the use of Qtopia shall be construed in accordance with the laws of the State of Washington, without regard to conflicts of law principles. By using Qtopia and agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts located in and serving King County, Washington with respect to disputes arising out of or relating to these Terms or your use of Qtopia.

These Terms constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements between Qtopia and you with respect to the subject matter herein, except that any other terms and conditions located on any service associated with QWIZDOM are incorporated herein by this reference to the extent they do not conflict with these Terms.

IF YOU HAVE READ THE TERMS OF AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, PLEASE CLICK BELOW. IF YOU AGREE, YOU ARE AGREEING ON BEHALF OF YOURSELF AS AN INDIVIDUAL AND ON BEHALF OF YOUR ORGANIZATION FOR WHICH YOU ARE USING THE SERVICE.