This Hands-On English™ web site ("Site" or "Services"), is owned and operated by Ballard & Tighe, Publishers, a division of Educational IDEAS, Inc. ("B&T" or "Us" or "We"). By using this Site, you affirm that you are at least 18 years of age, that you agree to be bound by the following terms and conditions (the "Terms of Use"), and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). The Site provides resources and materials ("Content" or "Materials") owned by B&T and may include third party resources delivered to you through the Internet via your browser. While your User Account (defined below) for the Site may continue for an indefinite period of time, B&T reserves the right, at its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. If you do not agree to these Terms of Use, you may not access or otherwise use the Site or the Services.

By using this Site, you affirm that you are at least 18 years of age, that you agree to be bound by the following terms and conditions (the "Terms of Use"), and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). The Site provides resources and materials ("Content" or "Materials") owned by B&T and may include third party resources delivered to you through the Internet via your browser. While your User Account (defined below) for the Site may continue for an indefinite period of time, B&T reserves the right, at its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. If you do not agree to these Terms of Use, you may not access or otherwise use the Site or the Services.

Your User Account is for your personal use only. Unless We provide an approved mechanism for such use, allowing others to access or use the Services through your User Account is strictly prohibited and you are responsible for all uses of the Services associated with your Account Credentials, whether the use is made by you personally or by a third party due to your disclosure of your Account Credentials. In order to protect the security of your Account Credentials and the Services, it is important that you maintain the confidentiality of your Account Credentials. You agree not to (1) use Account Credentials other than your own, or (2) to disclose your Account Credentials to any third party or service, other than an authorized third party service. You agree to take reasonable steps to protect the security of your Account Credentials and immediately notify B&T at support@ballard-tighe.com of any known or suspected loss, disclosure, or theft of your Account Credentials and/or access codes you obtain in connection with the Site.

When you register for the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by sending e-mail notices from this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

B&T grants to you a limited, non-transferable, non-exclusive, non-sublicensable license to use the Site for the intended purpose and subject to the terms and restrictions set forth in this Terms of Use, the Privacy Statement, and any additional terms that may be established by your Institution or Third Party Service.
You may use, display, and, when such functions are available on the Site, reformat, download, and print, Materials obtained through the Site solely for your own personal non-commercial and personal educational purposes.
You are responsible for meeting the then-current hardware, operating system, Internet browser, and other technical requirements necessary to properly use and access the Site. All rights not specifically granted herein are reserved by B&T. You acknowledge that the license granted under this Terms of Use does not provide you with title to or ownership of the Site, or the Materials contained therein, but only a right of limited use subject to the terms and conditions of this Terms of Use.

If you register on our Site for a free trial, We will make the Site available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the Site, or (b) the start date of any Purchase ordered by you for the Site, or (c) termination by B&T at our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. ANY DATA YOU ENTER INTO THE TRIAL ACCOUNT, AND ANY CUSTOMIZATIONS MADE TO THE SITE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO ANOTHER ACCOUNT.

Except as expressly permitted by this Terms of Use, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer, or redistribute any Material in any form, format, or media or by means without obtaining the prior written authorization of B&T and/or its licensors. You will not (a) make any Service or Content available to anyone other than you, or use any Service or Content for the benefit of, anyone other than you, unless expressly stated otherwise, (b) sell, resell, license, sublicense, distribute, make available, rent, or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) use a Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) permit direct or indirect access to or use of any Service or Content in a way that circumvents a contractual usage limit, or to access or use any of Our intellectual property except as permitted under this Agreement, (e) modify, copy, or create derivative works based on a Service or any part, feature, function or user interface thereof, (f) copy Content except as permitted herein, (g) disassemble, reverse engineer, or decompile a Service or Content. You are expressly prohibited from any conduct which: threatens the security, integrity, or availability of the Site; provides or facilitates access to the Site by unauthorized users or services; and/or results in prohibited duplication, transmission, or exposure of the Material, Services, or user information associated with the Site. You represent and agree that you shall not use the Site in violation of this Terms of Use, any applicable local, state, national, or international law or regulation, and/or the academic rules or policies of your Institution.

All Material included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of B&T or its Material suppliers and protected by United States and international copyright laws. The compilation of all Material on this Site is the exclusive property of B&T and protected by U.S. and international copyright laws. All software used on this Site is the property of B&T or its software suppliers and protected by United States and international copyright laws. No part of this Site may be reproduced in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher.

B&T is the owner and/or authorized user of all trademarks, logos, service marks, and trade names (collectively the "Trademarks") on the Site, and is the owner or licensee of the Material and/or information on the Site. Except as otherwise expressly provided herein, or pursuant to the Terms and Conditions, your use of the Site does not grant to you a license to any content or materials you may access on the Site. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.

B&T's entire liability to you, and your sole and exclusive remedy, regarding the use of the Site shall be either restoration of access for which you have purchased, or a refund of any fees paid directly by you to B&T for the particular purchase. When available, refunds will only be made if requested by you in writing within the first 15 days after registration. Refunds can only be provided for purchases made directly from B&T by an Authorized User. Refunds are not available for lost or stolen license codes. If you are dissatisfied with the Site or wish to request a refund, please contact us at support@ballard-tighe.com.

You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the U.S. Department of Education's implementing regulations at 20 U.S.C. § 1232g and 34 CFR Part 99 (collectively, "FERPA") and all other laws rules or regulations concerning the collection, use, and disclosure of Personal Information about End Users accessing the Services that are the subject of this Agreement (collectively, "Applicable Law"). "Personal Information" means any and all information that could, individually or when combined with other information, identify an individual.

WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY B&T ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE OR THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE, THE SITE'S CONTENT, AND THE SERVICE AT YOUR OWN RISK. THE SITE AND THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. B&T IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. B&T RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICE AT ANY TIME WITHOUT NOTICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, B&T DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. B&T DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM B&T ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. B&T WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Neither party will be responsible for any delay, interruption or other failure to perform under the Agreement due to acts, events, and causes beyond the control of the responsible party, including, but not limited to, embargoes, explosions, failure of third party suppliers, fires, governmental decrees, labor disputes, natural disasters, riots, strikes, terrorist activities, natural disaster, extreme/dangerous weather, national defense requirements, acts or regulations of national or local governments, war, impossibility of the use of means of public or private telecommunications networks, or the threat of any of these things.

If a Force Majeure Event occurs, we may have to cancel a performance or abandon it part way through and our obligations to you are deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavors to find a solution by which our obligations may be performed despite the Force Majeure Event.

The Site may contain links to third-party web sites ("External Web sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Web sites. We are not responsible for the content of any linked External Web sites and do not make any representations regarding the content or accuracy of materials on such External Web sites.

You are entirely responsible for maintaining the confidentiality of your password and account. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, service providers, and assignees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising, or resulting from your breach of this Agreement or your access to, use, or misuse of the B&T Content, the Site, or the Service. You agree to immediately notify B&T of any unauthorized use of your account or any other breach of security known to you. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Subject to the terms of the Services Agreement, if applicable, we reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Services and/or all or any part of the Site, at any time and for any reason without prior notice or liability. You may terminate the use of this Site at any time by submitting a request in writing from an authorized representative. By terminating the use of this Site, B&T reserves the rights to permanently purge your stored data in its entirety. Other types of accounts such as free trial/demo accounts, which are meant for evaluation purposes, are only valid for 30 days. After this period, all data associated with this evaluation account will be permanently purged without the possibility of porting to other accounts.

Upon written request by you made within 30 days after the effective date of termination or expiration of this Agreement, We will make your data available to you for export or download. After such 30-day period, We will have no obligation to maintain or provide any of your data, and as provided in the Terms of Use will thereafter delete or destroy all copies of your data in our possession or control, unless legally prohibited.

Although we encourage you to e-mail us, you should not e-mail us anything that contains confidential information. Please refer to our Privacy Notice with regard to how we handle your personal information. With respect to all e-mails you send to us, including but not limited to feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.

B&T does not and cannot review all communications and materials posted to or created by users accessing the Services (hereinafter, "User Generated Content") and is not in any manner responsible for the content of the User Generated Content. B&T reserves the right to block or remove communications or materials that it determines to be in violation of our Community Guidelines or is offensive or otherwise unacceptable to B&T in its sole discretion.

You own the rights to anything you post to the Services, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us, in any media now known or hereafter devised.

While using the Site and the Services, you agree not to:

• use the Site or the Services in violation of any applicable law;
• use the Site or the Services or features in violation of B&T's or any third party's intellectual property or other proprietary, personal, or legal rights;
• obtain or attempt to obtain unauthorized access to computer systems, materials, information, or any Services made available on or through the Site through any means;
• attempt to gain unauthorized access to other computer systems through the Site;
• impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Services, or any content thereof, or make unauthorized use thereof;
• use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
• obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Us regarding future functionality or features.

These terms shall be governed by and construed in accordance with the laws of the State of CALIFORNIA, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in CALIFORNIA and you hereby consent to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Although we may attempt to notify you when major changes are made to these Terms of Use, we encourage you to periodically review the Terms to stay informed of our updates. B&T may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.