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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. |
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| Intellectual
Property |
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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. |
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| License |
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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. |
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| Disclaimers |
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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. |
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| Additional
Restrictions |
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In addition, user may not:
- 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;
- 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;
- 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;
- violate any measure employed to limit or prevent access to
these web pages or their content;
- 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;
- 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;
- 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.
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| Questions and
Other Matters |
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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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