CAST Strategy Tutor Terms and Conditions (Revised March, 2008)

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

BY REGISTERING FOR THE CAST STRATEGY TUTOR (OR BY SIMPLY USING OR DOWNLOADING/UPLOADING INFORMATION FROM AND TO THIS SITE), YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND PRIVACY STATEMENT SPECIFICALLY RELATING TO THIS SITE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE (INCLUDING ANY PART OF THE PRIVACY STATEMENT), YOU SHOULD NOT USE THIS SITE. BY REGISTERING FOR THE CAST STRATEGY TUTOR OR BY SIMPLY USING OR DOWNLOADING/UPLOADING INFORMATION FROM AND TO THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

DEFINITIONS:

"Content" shall mean any content you provide to CAST in connection with the CAST Strategy Tutor including, but not limited to, images, text, graphics, photographs, links, animation, audio works, and audiovisual works.

"CAST" shall mean the Center for Applied Special Technology, and any successors and assigns.

"Privacy Statement" shall mean the privacy policy (located at http://www.cast.org) governing the collection and use of all personally identifiable information collected on any CAST site, unless otherwise noted.

"Site" shall mean the Web pages and associated Content created and published by the User through the CAST Strategy Tutor Web application.

"User" shall mean you and any person or persons that you authorize to use the CAST Strategy Tutor service via your username and password.

Summary of Terms of Use:

I. ACKNOWLEDGMENT OF TERMS OF USE

These Terms of Use comprise the entire agreement between User and CAST and supersede any prior agreements pertaining to the subject matter contained herein.

II. DESCRIPTION OF THE CAST STRATEGY TUTOR AND USER LICENSE

CAST provides User with the capability to create and publish original content on a site via the World Wide Web located on the CAST.org domain using proprietary software tools produced by (or licensed to) CAST. CAST allows the User to share their books with others.

User must: (a) provide for User's own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem.

User is granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use the CAST Strategy Tutor web application for personal and non-commercial use only. Modifications of any materials on this site or use of the materials for any purpose other than as contemplated in these Terms of Use is a violation of CAST's copyright and proprietary rights. User agrees not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this site unless specifically authorized in writing by CAST to do so.

III. USER'S OBLIGATIONS REGARDING THE SITE

User is solely responsible for the Site and all Content contained on, or made available through, or linked from the Site. The User has complete control over publishing rights and use of the CAST Strategy Tutor and is responsible for all publishing activity. User bears all risk related to the accuracy, completeness, reliability, usefulness, and legality (including obtaining all required intellectual property rights) of the Site and Content. CAST reserves the right, but does not assume any obligation, to screen the Site and associated Content, including, without limitation, the right to edit, refuse to post, or remove any Site or Content in the event that CAST determines in its sole discretion that the Site or any Content or any activity by User violates these Terms of Use, any law or regulation, the rights of any third party, the Copyright Act, or for any other reason in CAST's sole and absolute discretion.

IV. USER'S REGISTRATION AND ACCOUNT OBLIGATIONS

In consideration of use of the CAST Strategy Tutor, User agrees to: (a) provide true, accurate, current and complete information about User during the Registration process, and (b) to maintain and update this information to keep it true, accurate, and current. CAST has the right to terminate User's account and refuse any and all current or future use of the CAST Strategy Tutor.

V. USE OF REGISTRATION DATA

CAST will not disclose Registration Data to third parties except as required by law or to a successor to CAST. Please see the Privacy Statement.

VI.MODIFICATIONS TO TERMS OF USE

These Terms of Use may be revised from time to time through an updated posting, and therefore you should check these Terms of Use periodically. Revisions are effective upon posting and your continued use of the CAST Strategy Tutor following the posting of a revision will indicate your acceptance of such revision.

VII. MODIFICATIONS TO SERVICE

CAST reserves the right to modify or discontinue, temporarily or permanently, the CAST Strategy Tutor with or without notice to User. User agrees that CAST shall not be liable to User or any third-party for any modification or discontinuance of the CAST Strategy Tutor. CAST reserves the right to charge a subscription fee at any time with or without notice.

VIII. NO ENDORSEMENT

User acknowledges and agrees that CAST does not endorse any Content on any Site and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable Content, or Content that infringes or may infringe the intellectual property or other rights of any party.

IX. MEMBER ACCOUNT, PASSWORD AND SECURITY

User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to immediately notify CAST of any unauthorized use of User's password or account or any other breach of security.

X. MEMBER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the CAST Strategy Tutor, and agrees not to interfere with the use and enjoyment of the CAST Strategy Tutor by other Users. User agrees to be solely responsible for the contents of User's books shared on the CAST Strategy Tutor Web site.

User agrees (a) not to use the CAST Strategy Tutor for illegal purposes; (b) not to interfere with or disrupt the CAST Strategy Tutor or servers or networks connected to the CAST Strategy Tutor; and (c) to comply with all requirements, procedures, policies and regulations of networks connected to the CAST Strategy Tutor.

User agrees not to transmit through the CAST Strategy Tutor any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the CAST Strategy Tutor.

XI. INDEMNITY

User agrees to indemnify and hold CAST and its parent, subsidiaries, affiliates, officers, and employees, harmless from any and all claims or demands, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of User's use of the CAST Strategy Tutor, User's connection to the CAST Strategy Tutor, User's violation of these Terms of Use, or User's violation of any rights of another.

XII. NO RESALE OF SERVICE

User agrees not to resell the CAST Strategy Tutor or use of or access to the CAST Strategy Tutor.

XIII. CONTENT STORAGE

CAST assumes no responsibility for the deletion or failure to store Content information. CAST may, with or without notice to User, establish an upper limit on the size of the Content data it will maintain for any User.

XIV. TERMINATION

User agrees that CAST may terminate User's password, account or use of the CAST Strategy Tutor, or use of the CAST Strategy Tutor, if CAST believes (a) that User has violated or acted inconsistently with the letter or spirit of these Terms of Use, or (b) that User or a member of the Team has violated the rights of CAST or other Users or parties.

User acknowledges and agrees that any termination of service under any provision of these Terms of Use may be effected without prior notice, and acknowledges and agrees that CAST may immediately delete files in User's account and bar any further access to such files or the CAST Strategy Tutor.

XV. CAST'S PROPRIETARY RIGHTS

User acknowledges and agrees that content presented to User through the CAST Strategy Tutor is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by CAST and may not create derivative works of such content or information without express authorization of CAST.

CAST always welcomes suggestions and comments regarding this site from Users. Any comments or suggestions submitted to this site or CAST, either online or offline, will become CAST's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by CAST might seem to others to be similar to their own submissions or comments.

XVI. DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE CAST STRATEGY TUTOR IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

CAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CAST MAKES NO WARRANTY THAT THE CAST STRATEGY TUTOR WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CAST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CAST STRATEGY TUTOR OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CAST OR THROUGH OR FROM THE CAST STRATEGY TUTOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XVII. LIMITATION OF LIABILITY

USER AGREES THAT CAST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM THE USE OR THE INABILITY TO USE THE CAST STRATEGY TUTOR OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CAST STRATEGY TUTOR OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, EVEN IF CAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT CAST SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XVIII. NOTICE

Any notice to User or to the CAST Strategy Tutor shall be made via either email or regular mail (see below for CAST's contact information).

XIX. GENERAL

These Terms of Use and the relationship between User and CAST shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. User and CAST agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Middlesex, State of Massachusetts.

The failure of CAST to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CAST Strategy Tutor or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

XX. CAST

If you have any questions or need to report a violation of these Terms of Use: Our telephone number is (781) 245-2212. Our email address is StrategyTutor@cast.org . Our mailing address is CAST, 40 Harvard Mills Square, Suite 3, Wakefield, MA 01880.