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Beecon Learning, LLC Privacy Policy

Thank you for visiting beeconlearning.com (“Site”).  This Privacy Policy applies to this Site only, and it tells you how we use Personal Information collected at this Site.  If you visit other web sites, whether they are linked to this Site or not, please review the privacy policies posted at those web sites.  Please read this Privacy Policy before using the Site or submitting any Personal Information.  By using the Site, you are accepting the practices described in this Privacy Policy.  If you do not agree with the terms of this Privacy Policy, you should immediately cease the use of this Site.  As used in this Privacy Policy, the terms “you” and “your” refer to each party accessing this Site for any reason, and the terms “we,” “us,” and “our” refer to Beecon Learning, LLC.

Collection of Information
We collect personally identifiable information of Site users (“Personal Information”), including but not limited to names, postal addresses, email addresses, demographic information, and credit card information when you voluntarily submit such information to us.  The information you provide is used to fulfill your specific request and to make products and services available to you.

You have the choice whether or not to disclose such Personal Information; however, some parts of the Site and some services may be more difficult or impossible to use if you choose not to disclose Personal Information.

At the time of registration, you will have the option to receive future communications from Us by checking the appropriate opt-in box. If you choose to opt-in, your Personal Information will be kept in a secured database and We will alert you via your e-mail address regarding such information and new services.

In addition to Personal Information provided to Us as identified above, Our web servers automatically identify computers by their IP addresses. Company and its service providers may use IP addresses to analyze trends, administer the Site, track users’ movement and gather broad demographic information for aggregate use. Company will not link these IP addresses to Personal Information.

Cookie/Tracking Technology
The Site may use cookie and tracking technology depending on the features offered.  Cookie and tracking technologies are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors.  Cookies are a common part of many commercial websites that allow small text files to be sent by a website, accepted by a web browser and then placed on your hard drive as recognition for repeat visits to the Site. Every time you visit Our Site, Our servers, through cookies, pixels and/or GIF files, collect basic technical information such as your domain name, the address of the last URL visited prior to clicking through to the Site, and your browser and operating system. You do not need to enable cookies to visit Our Site; however, some parts of the Site and some services may be more difficult or impossible to use if cookies are disabled.  Personal Information cannot be collected via cookies and other tracking technology; however, if you previously provided Personal Information, cookies may be tied to such information.  Aggregate cookie and tracking information is not shared with third parties.

Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation.  We may also share Personal Information with third parties under the following circumstances: (1) as permitted or required by law; (2) when trying to protect against or prevent or investigate actual or potential fraud or unauthorized transactions; (3) in the event of illegal activities, or events in which threats or potential threats to the physical safety of any person or persons is evident, or when violations of Site’s terms of use occur; (4) in working with third party companies to support the Site’s technical operation, fulfill an order, or execute a specific promotion or program, (5) in the event of a corporate sale, merger, acquisition, or similar event or (6) in the event that we transfer the operations of the site or services offered on or through the site to another party.  The information is not provided to these companies for marketing purposes.  We may also share information with third parties as necessary to provide you with the products and services that you requested.  If Personal Information is shared with any third party for the purposes of fulfilling an order for products or services, the third party will have no right to use the Personal Information for independent purposes. In support of this policy, Company will enter into written agreements with any third party receiving Personal Information requiring the third party to comply with Company’s privacy policies and applicable laws. To prevent your Personal Information from being shared with a third party, you can choose not to use the affected service or participate in the affected ordering or promotional activity.

Data Security
We use commercially acceptable measures to keep Personal Information secure.  Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.  However, no transmission of data over the Internet can be guaranteed to be 100% secure.  As a result, although we will use reasonable efforts to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us.

You are ultimately responsible for your username and password and all activities that occur on the Site under your username.  If your password is compromised, the security of your Personal Information may be compromised as well.  Thus, if you believe that your password has been compromised, please change your password immediately.

Use & Privacy Contact Information
 If you have any questions, concerns, or comments about our Privacy Policy, you may contact us using the information below:

By Email:  support@beeconlearning.com
By Phone:  877-923-3266

Changes to the Privacy Policy

This Privacy Policy was last modified on June 1, 2010.   We may revise this Privacy Policy from time to time by posting a revised Privacy Policy on the Site.  We reserve the right to modify this Privacy Policy at any time, so please review it frequently.  Changes to the Privacy Policy will be posted, and such changes will apply on a prospective, not retroactive, basis.  You are encouraged to review the Privacy Policy whenever you visit the Site to make sure that you understand how any Personal Information you provide will be used.

 

Children’s Privacy

This Site is not directed to children under the age of 13.  We operate our Site in compliance with the Children’s Online Privacy Protection Act and will not knowingly collect or use personally identifiable information from anyone under 13 years of age.

 

Other Terms and Conditions

Please read our Terms of Use and Terms of Purchase to ensure that you understand the additional terms and conditions that may apply to your use of the Site and products and services obtained from this Site.

 

Terms of Use

We maintain the web site located at www.beeconlearning.com (“Site”) and allow access and use of the Site subject to these Terms of Use (“Terms”).  As used in these Terms of Use, the terms “you” and “your” refer to any and all parties accessing this Site for any reason, and the terms “Beecon Learning,” “we,” “us,” and “our” refer to Beecon Learning.

1.  Acceptance of Terms.  By accessing or using this Site in any manner, you acknowledge and represent that you have read, understood, agree to be bound by, and accept these Terms.  IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THIS SITE.  Although you may “bookmark” a specific section of this Site and bypass these Terms, your access or use of this Site binds you to these Terms of Use.  As long as you comply with these Terms of Use, we grant you limited, non-exclusive, non-transferable permission to enter and use this Site.  Any unauthorized use of this Site automatically terminates this permission.

2.  Changes to Terms.  We may modify these Terms without prior notice.  You are responsible for reviewing these Terms periodically for changes.  BY CONTINUING TO USE THIS SITE AFTER WE POST CHANGES TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS (AS MODIFIED).  YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THESE TERMS.  These Terms were last updated on May 1, 2010.

3.  Intellectual Property. 

(a) Our Content.  All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and any other content contained in this Site (individually and collectively, “Content”) are owned, controlled, or licensed by or to Beecon Learning.  The Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”).  You may not download, print, view, copy, republish, distribute, prepare derivative works, or otherwise use the Content other than as expressly permitted.  Such rights to download, print, view, copy, republish, distribute, prepare derivate works, and otherwise use the Content are not applicable to the design, layout, or look and feel of this Site.  Such elements of this Site are protected by IP Rights and may not be copied, imitated, or retransmitted without Beecon Learning’s prior written consent.  Your use of the Content, the creation of products or materials using the Content, and the combination of the Content with any Materials (as defined below) do not create joint authorship, joint ownership or "works made for hire" with Beecon Learning in or regarding such Content.

(b) Your Materials.  You may choose to upload, submit, or otherwise transmit to Beecon Learning or to this Site various materials (“Materials”) to obtain products or services from us.  We have the right but not the obligation to supervise and review such Materials.  You agree not to upload, submit, or otherwise transmit Materials that (i) are unlawful, libelous, scandalous, or improper; (ii) infringe another’s IP Rights; or (iii) contain viruses or other harmful, disruptive, or malicious computer code.

4.  Restrictions.  Without Beecon Learning’s prior written consent, you may not (a) use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs); (b) frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages; (c) engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Content or other information; (d) use any meta tags or any other “hidden text” utilizing Beecon Learning’s name, trademarks, or service marks; (e) use Beecon Learning’s logo or other proprietary graphic, trademark, or service mark as part of a link; or (f) use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site.

5.  Representations and Warranties.  You represent and warrant to Beecon Learning that (a) information you supply during the registration and ordering process is true, accurate, current, and complete; and (b) with respect to the Materials and any other information that you upload, submit, or otherwise transmit to Beecon Learning or to this Site, you have all the necessary rights, title, and interest therein to use, reproduce, modify, transmit, distribute, perform, and display such Materials and information to the extent necessary to provide you with products and services that you request.

6.  Termination.  We may terminate your access to or use of this Site for any reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms.  We my also modify or discontinue providing this Site or any part of this Site with or without notice.  Beecon Learning will not be liable to you or to any third party for any termination of your access to or use of this Site or for any modification to or termination of this Site.

7.  Disclaimers.  THIS SITE IS PROVIDED “AS-IS.”  TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEECON LEARNING AND ITS SUPPLIERS AND CO-BRANDED PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, BEECON LEARNING DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK.  

8.  Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEECON LEARNING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDED PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE IN AN AMOUNT THAT EXCEEDS THE LESSER OF (I) U.S. $100.00 OR (II) THE AMOUNT OF FEES THAT YOU PAID TO BEECON LEARNING FOR PRODUCTS OR SERVICES IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9.  Indemnity.  You agree to indemnify, defend, and hold Beecon Learning and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or relating to (a) your violation of these Terms, (b) your use of this Site and the products and services available on the Site, (c) any Materials that you upload, submit, or otherwise transmit through this Site, (d) your access to or use of any web sites linked to this Site, and (e) any dealings between you and any third parties relating to this Site.

10.  Privacy Policy and Other Terms.  Please review our Privacy Policy, the terms of which are incorporated into these Terms by reference.  If you purchase any products or services, whether through this Site or offline, your purchase will be subject to other terms and conditions, including the Terms of Purchase.

11.  Third Parties.  We may use a third-party service provider to manage the sale of and payment for products and services on this Site.  We may also provide links on this Site to other independent web sites on the Internet that are owned and operated by third-party vendors or other third parties not under our control.  These links are not intended as an endorsement by Beecon Learning of the entity or individual operating the web site or a warranty of any type regarding the web site or the information on the web site.  By using this Site, you acknowledge that Beecon Learning is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.

12.  Void Where Prohibited.  This Site is controlled, operated, and administered by Beecon Learning or its service provider from the United States.  Although the Site is accessible worldwide, not all features, products or services offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Beecon Learning reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are responsible for complying with applicable local laws.

13.  Choice of Law; Dispute Resolution.  All matters relating to your access to and use of the Site, including purchases made on the Site, are governed in all respects by the laws of the State of Texas, without reference to conflicts of law principles.  You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved, individually, through binding arbitration in Dallas, Texas using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction.  This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party.  You can address such grievances through arbitration only and you are hereby consenting to do it in Dallas, Texas, using Texas’ laws (without regard to Texas’ rules on conflict of laws).  To the maximum extent permitted by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.  Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas County, Texas as necessary to protect the party’s rights or property pending the completion of arbitration.  By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.

14.  Miscellaneous.  If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms will be given full effect.  Beecon Learning’s failure to act in a particular circumstance, including any failure by Beecon Learning to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future.  Beecon Learning will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control.  No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.  Beecon Learning may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of Beecon Learning or to any subsidiary or successor in a merger or acquisition involving Beecon Learning.  If an express conflict exists between these Terms and the terms of a separate agreement between you and Beecon Learning for products or services, the terms of that separate agreement will control.

 

 
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