Accepting the Terms
ETS may request your email address and render your email address into a form of non-identifying information by using a process that converts your email address into a non-identifying code. This code will not identify you directly, but it may be used to track your use of the Extension and changes to your User Content by you.
You acknowledge and agree that your User Content is your own original creation and is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or ETS. You acknowledge that by using the Extension, ETS may access, extract, collect, disclose, copy, reproduce, distribute, modify, compile, synthesize, analyze, use and make derivative works thereof ("Access") User Content. To the extent that ETS Accesses your User Content, you hereby grant to ETS an unrestricted, transferable and sublicensable, irrevocable, royalty free, worldwide, perpetual license to Access, and otherwise exploit such User Content in any media whatsoever, now known or later invented, throughout the world for any purpose, commercial or not. You hereby disclaim any right to any compensation from ETS in connection with ETS's exercise of its license rights in and to the User Content. You also acknowledge and agree that ETS is under no obligation of confidence to you and shall not be liable for any Access of your User Content.
In addition to your User Content, ETS requests that you complete a survey for supplemental information that will include the number of years you have been teaching, as well as the grade level and subject matter that you teach in order to have the Extension deliver more accurate content. You acknowledge and agree such information shall be considered User Content and ETS may use such information in accordance with these Terms.
Subject to these Terms, ETS grants to you a worldwide, nonexclusive, nontransferable, non-sublicensable license to Use the Extension made available to you hereunder, and all patches, updates or upgrades provided by ETS from time to time, and any improvements, modifications, enhancements, fixes and revised versions thereof solely for your personal and noncommercial use.
Restriction on Use
Except for the license set forth in Section 7 and your User Content, the Extension and any contents included in the Extension or results produced by Use of the Extension, including, but not limited to, text, names, data, graphics, logos, icons, images, code, methods, techniques, models and software, and all copies, modifications, enhancements and derivative works thereof, are the sole and exclusive property of ETS or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries.
ETS may terminate these Terms and/or terminate, change, suspend or discontinue any aspect of the Extension, including the availability of any features or functionalities of the Extension at any time, for any reason, without notice or liability to you.
You may terminate your use of the Extension by uninstalling all Extensions previously installed by you.
Sections 1, 2, 3, 6, 9, 11, 12 and 13 will survive termination of these Terms.
No Warranties or Liability
THE EXTENSION AND ITS CONTENT, FEATURES AND FUNCTIONALITY ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ETS, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE EXTENSION, ITS CONTENT, FEATURES AND FUNCTIONALITY AND ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH YOUR USE OF THE EXTENSION.
ETS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WITHOUT LIMITATION TO THE FOREGOING, ETS DOES NOT WARRANT THAT THE OPERATION OF THE EXTENSION WILL BE ERROR FREE OR UNINTERRUPTED OR BE PROVIDED OR AVAILABLE WITHOUT INTERRUPTION, OR THAT DEFECTS OR ERRORS CAN OR WILL BE CORRECTED OR THE APPROPRIATENESS OF THE EXTENSION FOR ANY PARTICULAR SYSTEM OR ACCURACY OF THE EXTENSION'S CONTENT OR RESULTS OR THAT THE USE OF THE EXTENSION WILL NOT CAUSE GOOGLE DOCS' ERRORS, INTERFERE WITH THE USE OF GOOGLE DOCS, OR LOSS OF USER CONTENT OR OTHER DATA OR ANY DAMAGE THERETO.
IN NO EVENT SHALL ETS BE LIABLE TO YOU FOR ANY CLAIM, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR LOSS OF ANY KIND INCLUDING LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS OR LOSS OF OR CORRUPTION OF DATA, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT OR OTHERWISE, INCLUDING NEGLIGENCE AND ANY LOSS OR DAMAGES RELATED TO ANY THIRD PARTY SOFTWARE THAT ARISES OUT OF OR RELATES TO YOUR USE OF THIS EXTENSION, ITS CONTENT, FEATURES AND FUNCTIONALITY.
Export and Import
The Extension is provided solely for lawful purposes and use. ETS makes no representation that the Extension is appropriate for use in any given country. You are solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances, regulations and other governmental authority, however designated, with respect to the use of the Extension, including without limitation the United States government laws, regulations, orders or other restrictions regarding export from the United States and reexport from other jurisdictions of software, technical data and information or derivatives of such software, or technical data and information.
You acknowledge and agree that you are solely responsible for complying with any local import laws, statutes, rules and regulations relating to your Use of the Extension.
Governing Law and Jurisdiction
You agree that any claim, action or proceeding arising out of these Terms, or your use of the Extension, shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to principles of conflict of laws. Any claim, action or proceeding related to these Terms will be resolved exclusively in the state or federal courts located in the State of New Jersey and you consent to the jurisdiction of those courts.
Last Updated on December 17, 2020.