Think College - Great Choices Subscription Agreement

Great Choices Subscription Agreement
THINK COLLEGE, LLC SUBSCRIPTION CONTRACT THIS SUBSCRIPTION CONTRACT is between Think College, LLC, a Washington limited liability company (hereafter “Think College”), and your organization (hereafter “Subscriber”). Please read the terms and conditions of this Subscription Contract before completing the Great Choices registration. By proceeding with this registration process, the Subscriber accepts and agrees to the terms of this subscription contract. If you do not agree with these terms and conditions, do not proceed with registration and do not use or copy any of Great Choices online or CD ROM materials or services. CONTRACT PAYMENT Subscriber shall pay the subscription fee as indicated on the invoice Think College provides to the Subscriber and is for the use and benefit of all e-products provided by Think College at a single middle school, high school, or youth organization Subscription payment shall be due within 30 days of the receipt of the invoice. Think College reserves the right to suspend service if the subscription fee is not paid when due. MATERIAL UPDATES All e-books, forms and instructional support files are reviewed and updated each summer. Dates, sources, statistics and change in processes and information will be updated annually by Think College, and new PDF files will be provided with each subscription renewal. TERM This Subscription Agreement shall be for the school year as indicated on the invoice provided by Think College to the Subscriber. Upon request, Subscriber shall be provided a CD ROM with all Great Choices subscription files. Subscriber is permitted to load the files from the CD-ROM to all computer workstations or a server designated for the subscribing school or youth organization. All use of the Think College and Great Choices subscription benefits shall immediately cease upon the expiration of this subscription. All material use is approved for the subscription period only. SECURE ACCESS Think College shall also provide Subscriber the ability to create an admin and a student username and password which may be used to access additional forms, e-books, accompanying form files, and other education related documents during the term of this Contract. Subscriber will distribute all student and staff login information to students and staff according to the terms of use statements as included in the Great Choices Manual for Schools. The password is not to be forwarded or provided to any unauthorized users and may not be distributed by Subscriber through broad public communications such as a public access website, newsletter posting, or phone recorded message. Violation of these terms may result in the loss of home or school access for all students or members within the school or program. WEBSITE ACCESS Subscriber shall have access to all information generally available on the Think College website. Subscriber (faculty, staff and enrolled students) shall also have the right to download, to school computers only, the documents and materials from the secure website or from CDs or electronic transfers provided by Think College. Staff and student access to all Great Choices subscription files will be gained with the use of the registered username and password on school or home computers and is limited to current faculty and staff, currently enrolled students, and to members of the student’s household for personal, noncommercial, educational purposes only; all other uses are unauthorized. All subscription files are not to be copied, forwarded, or duplicated in any form except as stated in the Great Choices Manual for Schools: “Great Choices copyright does permit printing and use of all forms for instructional use by staff. Great Choices copyright does not permit printing of any portion of an e-book. NEWSLETTER Think College prepares and distributes a newsletter which Subscriber may amend or modify, as Subscriber sees fit, within good taste and in keeping with the goals and mission of Think College and Great Choices, for distribution to any and all family, friends, associates, staff members, administrators, teachers, or other persons directly or indirectly involved with or interested in the curriculum and operations of Subscriber. COPYRIGHT All content is Copyrighted © 2006 Think College L.L.C. Think College 316 SE Pioneer Way #200, Oak Harbor, WA 98277, USA. All rights reserved. MISCELLANEOUS 1. Incorporation of Exhibits. Each and every exhibit referred to, or attached to this Agreement is hereby incorporated by reference and made a part of this Agreement. 2. Modification. Any modification to this Agreement shall be valid and binding only if in writing and signed by all of the parties. 3. Governing Law. This Agreement shall be construed in accordance and governed by the laws of the State of Washington. 4. Arbitration. In the event there shall be a dispute between Think College and Subscriber with respect to any term, condition, enforcement, or other matter related to this Contract, both parties hereby agree to submit the matter to arbitration in accordance with the rules, regulations, and provisions of the American Arbitration Association. In the event there should be any dispute concerning the arbitrator, the arbitrator shall be selected by the then acting president of the Island County Bar Association. In any such arbitration proceeding, the arbitrator may elect to award the prevailing party their attorneys’ fees. IN WITNESS WHEREOF, the parties, Think College and the subscriber, agree to the terms and conditions described herein.

Great Choices Subscription Agreement

THINK COLLEGE, LLC

SUBSCRIPTION CONTRACT

THIS SUBSCRIPTION CONTRACT is between Think College, LLC, a Washington limited liability company (hereafter “Think College”), and your organization (hereafter “Subscriber”). Please read the terms and conditions of this Subscription Contract before completing the Great Choices registration. By proceeding with this registration process, the Subscriber accepts and agrees to the terms of this subscription contract. If you do not agree with these terms and conditions, do not proceed with registration and do not use or copy any of Great Choices online or CD ROM materials or services.

CONTRACT PAYMENT

Subscriber shall pay the subscription fee as indicated on the invoice Think College provides to the Subscriber and is for the use and benefit of all e-products provided by Think College at a single middle school, high school, or youth organization Subscription payment shall be due within 30 days of the receipt of the invoice. Think College reserves the right to suspend service if the subscription fee is not paid when due.

MATERIAL UPDATES

All e-books, forms and instructional support files are reviewed and updated each summer. Dates, sources, statistics and change in processes and information will be updated annually by Think College, and new PDF files will be provided with each subscription renewal.

TERM

This Subscription Agreement shall be for the school year as indicated on the invoice provided by Think College to the Subscriber. Upon request, Subscriber shall be provided a CD ROM with all Great Choices subscription files. Subscriber is permitted to load the files from the CD-ROM to all computer workstations or a server designated for the subscribing school or youth organization. All use of the Think College and Great Choices subscription benefits shall immediately cease upon the expiration of this subscription. All material use is approved for the subscription period only.

SECURE ACCESS

Think College shall also provide Subscriber the ability to create an admin and a student username and password which may be used to access additional forms, e-books, accompanying form files, and other education related documents during the term of this Contract. Subscriber will distribute all student and staff login information to students and staff according to the terms of use statements as included in the Great Choices Manual for Schools. The password is not to be forwarded or provided to any unauthorized users and may not be distributed by Subscriber through broad public communications such as a public access website, newsletter posting, or phone recorded message. Violation of these terms may result in the loss of home or school access for all students or members within the school or program.

WEBSITE ACCESS

Subscriber shall have access to all information generally available on the Think College website. Subscriber (faculty, staff and enrolled students) shall also have the right to download, to school computers only, the documents and materials from the secure website or from CDs or electronic transfers provided by Think College. Staff and student access to all Great Choices subscription files will be gained with the use of the registered username and password on school or home computers and is limited to current faculty and staff, currently enrolled students, and to members of the student’s household for personal, noncommercial, educational purposes only; all other uses are unauthorized. All subscription files are not to be copied, forwarded, or duplicated in any form except as stated in the Great Choices Manual for Schools: “Great Choices copyright does permit printing and use of all forms for instructional use by staff. Great Choices copyright does not permit printing of any portion of an e-book.

NEWSLETTER

Think College prepares and distributes a newsletter which Subscriber may amend or modify, as Subscriber sees fit, within good taste and in keeping with the goals and mission of Think College and Great Choices, for distribution to any and all family, friends, associates, staff members, administrators, teachers, or other persons directly or indirectly involved with or interested in the curriculum and operations of Subscriber.

MISCELLANEOUS

1. Incorporation of Exhibits. Each and every exhibit referred to, or attached to this Agreement is hereby incorporated by reference and made a part of this Agreement.

2. Modification. Any modification to this Agreement shall be valid and binding only if in writing and signed by all of the parties.

3. Governing Law. This Agreement shall be construed in accordance and governed by the laws of the State of Washington.

4. Arbitration. In the event there shall be a dispute between Think College and Subscriber with respect to any term, condition, enforcement, or other matter related to this Contract, both parties hereby agree to submit the matter to arbitration in accordance with the rules, regulations, and provisions of the American Arbitration Association. In the event there should be any dispute concerning the arbitrator, the arbitrator shall be selected by the then acting president of the Island County Bar Association. In any such arbitration proceeding, the arbitrator may elect to award the prevailing party their attorneys’ fees.

IN WITNESS WHEREOF, the parties, Think College and the subscriber, agree to the terms and conditions described herein.