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Terms of Service

This website is owned and operated by The Grow Network/McGraw-Hill. The Grow Network® is an innovative education company with a unique mission: to transform assessment results into powerful tools that enhance instruction.

The Grow Network agrees to provide our services and materials pursuant to the Terms of Service set forth below. Any person who uses or relies on our services and materials agrees to do so according to these Terms. The Grow Network may amend or modify these Terms by posting an update to this site, and you agree to accept the new Terms by using or relying on our services and materials after such notice. You should take the time to read through these Terms, and if you have any questions, please contact us at the address listed at the end.

Security and Privacy
 
 

The Grow Network has implemented a comprehensive Security and Privacy Policy, which is considered part of our Terms of Service. Please read that policy to understand The Grow Network's commitment to the integrity of our services and the privacy of our users.

Please note that users are strictly prohibited from permitting non-authorized individuals to see the information on this site. The Grow Network will terminate the access rights of users who violate this rule.

Intellectual Property
 
 

Our websites contain material that is protected by national and international trademark, service mark, copyright, patent, and other intellectual property laws. The following are registered trademarks of The Grow Network: Grow®, Grow Network®, Grow Reports®. The following are trademarks of The Grow Network: Grow Class Report™, Grow Grade Report™, Grow Parent Report™, Grow School Report™, Using Assessment to Help Students Grow™, Using Assessment to Transform Instruction™. Microsoft® is a registered trademark of Microsoft Corporation. Netscape® and Netscape Navigator® are registered trademarks of Netscape Communications Corporation. Adobe® and Acrobat® are registered trademarks, and Acrobat Reader™ is a trademark of Adobe Systems Incorporated. CTB® is a registered trademark of The CTB-McGraw Hill Companies. ITBS® and the Iowa Tests of Basic Skills® are registered trademarks of The Riverside Publishing Company. To the full extent provided under the United States Copyright Act and all national and international copyright laws, The Grow Network or its third-party licensors own all copyright rights in the text, images, graphics, user interface, and other content provided on this site, and the selection, coordination, and arrangement of such content. Except as expressly provided herein, nothing stated or implied on this site confers on you any license or right under any copyright of The Grow Network or any third party, and except as expressly provided herein you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material from this site including code and software. However, you may print one copy of the pages from this site solely for individual, non-commercial use, provided that all users of these pages keep intact all copyright and other proprietary notices and provided that all use of such pages for any purpose terminates after June 30, 2006.

If you believe that your copyright (or a copyright you are responsible for enforcing) is infringed by any content on this site, please write to us at the address shown below giving a written statement that contains the following: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the site that is requested to be removed; (3) your name, address and daytime telephone number, and an e-mail address if available, so that The Grow Network may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) the signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and submit the statement. United States law provides significant penalties for submitting such a statement falsely.

License
 
 

By communicating with us you are granting The Grow Network a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, or display your name and title and the content of such communication and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, or service mark laws under any relevant jurisdiction.

Disclaimers
 
 

The Grow Network has worked hard to develop services and materials that assist educators, administrators, parents and guardians in improving teaching and learning. Nonetheless, WE PROVIDE OUR SERVICES AND MATERIALS ON AN "AS IS" BASIS AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), TO THE FULLEST EXTENT PERMITTED BY LAW. Specifically and without limitation, The Grow Network does not warrant that the services on this site will be uninterrupted, secure, or error-free; that the site is free of viruses or other harmful components; or that the student data or instructional materials are entirely correct, accurate, or reliable.

UNDER NO CIRCUMSTANCES (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, OR NEGLIGENCE) WILL THE GROW NETWORK (OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT ARISE OUT OF, OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THE GROW NETWORK MATERIALS. You specifically acknowledge and agree that The Grow Network and its directors, officers, employees, and agents are not liable for any defamatory, offensive, or illegal conduct of any authorized or unauthorized user. If you are dissatisfied with any of The Grow Network's services or materials, or with any of these Terms as they may be amended from time to time, your sole and exclusive remedy is to discontinue using The Grow Network.

You agree to indemnify and hold The Grow Network and its directors, officers, and employees harmless from all claims, demands, and damages (whether actual or consequential), including reasonable attorney's fees, arising from or related to your use of this site, your violation of these Terms or any applicable laws or regulations, or your violation of any rights of another.

Links to third-party websites on this site are provided solely as a convenience to you. The Grow Network does not endorse, warrant, or make any representation about the accuracy or reliability of any other site that can be accessed from this site directly or indirectly.

Users permitted to enter materials on any of these pages are responsible for the content of that material. Grow has no responsibility for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through Grow's pages. However, Grow retains the right, which it may or may not exercise, in its sole discretion, to review third party material and to edit or delete from the service any third party material that Grow deems to be illegal, offensive, or otherwise inappropriate.

No Unlawful or Prohibited Use
 
 

As a condition of your use of The Grow Network's services and materials, you warrant that you will not use the services or materials for any purpose that is unlawful or prohibited by these Terms (including but not limited to any use that infringes another's copyright rights). You may not use this site in any manner that could damage, disable, overburden, or impair the site or any user of the site, or interfere with any other party's use of the site.

Additional Restrictions
 
 

In addition, user may not:

  1. use these web pages for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
  2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of these web pages, any data or content found on or accessed through these web pages, or any other Grow information without the prior express written consent of Grow;
  3. obtain or attempt to obtain through any means any materials or information on these web pages that have not been intentionally made available either by their display on these pages or through their accessibility by a visible link on these web pages;
  4. violate any measure employed to limit or prevent access to these web pages or their content;
  5. violate the security of these web pages or attempt to gain unauthorized access to these web pages, data, materials, information, computer systems or networks connected to any server of these web pages, through hacking, password mining or any other means;
  6. interfere or attempt to interfere with the proper working of these web pages or any activities conducted on or through these web pages, including accessing any data, content or other information prior to the time that it is intended to be available to the public on these web pages;
  7. take or attempt any action that, in the sole discretion of Grow, imposes or may impose an unreasonable or disproportionately large load or burden on these web pages or the infrastructure of these web pages.

Questions and Other Matters
 
  If you have any complaints or questions about our Terms of Service, please contact us at:
The Grow Network/McGraw-Hill
2 Penn Plaza, 6th Floor
New York, NY 10121
support@grow.net

This agreement constitutes the entire agreement between The Grow Network and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, whether electronic, written, or oral. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York in all disputes arising out of or relating to the use of The Grow Network's services and materials. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Use of The Grow Network's services and materials is forbidden in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

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