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Terms and Conditions
Last Revised: January 25, 2010

Welcome to The Scholar's Choice, LLC ("The Scholar's Choice"). The terms and conditions set forth below govern our relationship with users and others who interact with The Scholar's Choice. By accessing or using The Scholar's Choice, regardless of whether or not you have registered with The Scholar's Choice, you agree to comply with and be bound by these Terms and Conditions.

The services offered by The Scholar's Choice are provided to promote teaching and learning by providing a free platform that allows registered site users ("Users") to create unique personal profiles, post and browse information about their schools and courses, create lessons ("Lessons") and interactive learning activities ("Exercises"), and create online competitions to encourage mastery of academic skills. The Scholar's Choice also provides users who have registered as school officials with tools to make class pages and record student attendance, seating charts, and grades. In addition, The Scholar's Choice provides test preparation, private tutoring, and academic writing help as paid services.


  1. Eligibility, Registration, and Account Security.

    2. By accessing or using The Scholar's Choice, you represent and warrant that:

    1. All registration, personal, and contact information you provide to The Scholar's Choice is truthful and accurate, and that you will maintain the accuracy of such information.

    2. You will not create an account for anyone other than yourself without permission.

    3. If you are under 13 years of age, you will obtain a parent's permission before using The Scholar's Choice (you may register, but your account will be considered "pending" until your parent calls us to grant you permission to use the site). You also agree to provide accurate and truthful information regarding your parent's or legal guardian's name and email address when asked for this information during registration.

    4. You will not use The Scholar's Choice if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.

    5. You will not use The Scholar's Choice if you are a convicted sex offender.

    6. You will maintain the confidentiality of your password. You agree not to share your password, allow anyone else to access your account, transfer your account to anyone else, or jeopardize your account security in any way. You further agree not to access any other user's account or solicit other users' login information and to notify The Scholar's Choice immediately if you suspect any unauthorized use of your account or access to your password.


  2. Privacy.

    1. Use of The Scholar's Choice is also governed by our Privacy Policy. We value your privacy, and we encourage you to read our Privacy Policy so you can make informed decisions about the types of information you share online.

    2. Records of attendance and grades on assignments constitute sensitive information and are encrypted when accessed on the site. These records are available only to the student whose records they are, that student's parent(s) or legal guardian(s), and the school official who entered the information contained in the records. If you are a school official or parent with access to any student's attendance or grade records, you agree to keep this information confidential.


  3. Content.

    1. You own all of the content (text, files, images, photographs, videos, animations, sounds, musical works, works of authorship, or any other materials) you post on The Scholar's Choice, and you can control what information is displayed by choosing what to post on the site. By posting content, you grant The Scholar's Choice a non-exclusive, fully-paid and royalty-free, sub-licensable, transferrable, and worldwide license to use content you post on or in connection with The Scholar's Choice.

    2. This license ends when you delete the content or your account, provided that the content has not been incorporated into Lessons, Exercises, or other parts of The Scholar's Choice that other users can access. Once content is incorporated into parts of The Scholar's Choice that are used by others, The Scholar's Choice is under no obligation to delete or ask other users to delete that content, and therefore, it may continue to be displayed and used indefinitely. When you delete content, you understand that such content, while not accessible to others, may persist in backup copies for a reasonable length of time.

    3. The Scholar's Choice respects--and requires that you respect--the intellectual property rights of others. You agree not to post content or act in a way that infringes on the rights of others or is illegal. If you post content that violates these Terms and Conditions, The Scholar's Choice can remove it immediately, without consulting you. If you believe that your intellectual property rights have been violated, please notify The Scholar's Choice by making an intellectual property infringement claim here. If we removed your content due to intellectual property rights infringements and you believe we removed it by mistake, you may appeal our decision. If you repeatedly violate others' intellectual property rights, we will disable your account. If you wish to use material that you believe may be copyrighted in order to create a Lesson or Exercise, you have several options.

      1. First, check if the work is in the public domain; works in certain categories and those published over 75 years ago are no longer under copyright. A good source for confirming that a work is in the public domain and obtaining the text of such works is Project Gutenberg.

      2. Second, if the work is still under copyright, find out if your use of the work qualifies for an exemption from copyright protection under "fair use". If the use is educational and not substantial, your use may be allowed; however, information herein should not be construed as legal advice, and you should seek you own legal opinion before deciding that your use of copyrighted material qualifies as fair use.

      3. Finally, if the work you wish to use is not in the public domain and you are not sure if your use qualifies as fair use, contact the copyright holder and request permission to use their work. To ensure that we do not remove your content due to suspected copyright infringements, get the copyright holder's permission in writing and forward a copy to us at:

        The Scholar's Choice, LLC
        P.O. Box 12632
        Wauwatosa, WI 53226

      4. If the work is under copyright and you cannot obtain permission to use it, you must find another work for which your use will not violate copyright.

    4. If you do use anyone else's work, regardless of whether it is copyrighted or not and regardless of whether you have obtained permission to use it or not, you should appropriately cite it by using the source field in Lessons and Exercises.

    5. You will not use our copyrights or trademarks (including The Scholar's Choice, Scholar's Choice, or the mortar board logo) without first obtaining written permission from us.

    6. You may provide feedback or suggestions about The Scholar's Choice by emailing us at info@thescholarschoice.com or by contacting us here; while we appreciate your interest in The Scholar's Choice and may use your feedback or suggestions, we are under no obligation to compensate you for them.


  4. Safety.

    5. We need your help to maintain the safety of The Scholar's Choice. By using The Scholar's Choice, you agree that:

    1. You will not collect other users' information, and you will not use any automated means to access The Scholar's Choice.

    2. You will not upload viruses or malicious code, and you will not do anything that could disable, overburden, or impair the proper operation of The Scholar's Choice, such as a denial of service attack.

    3. You will not bully, intimidate, or harass other users.

    4. You will not upload content that is hateful, threatening, or pornographic, or that contains nudity or graphic or gratuitous violence. If you upload mature content (e.g. content accompanying lessons or exercises in the Health or Medical Sciences departments), you will identify it as such by providing an accurate title, description, and keywords, and classify it at an appropriate grade level.

    5. You will not use The Scholar's Choice to do anything illegal.

    6. You will not encourage or help others to violate these Terms and Conditions.


  5. Governing Law and Venue

    1. These Terms and Conditions, and any questions or claims arising in connection with them or with The Scholar's Choice, shall be governed by the laws of the State of Wisconsin. You further agree that the exclusive venue for any litigation commenced by The Scholar's Choice or by you relating in any manner to these Terms and Conditions shall be the state courts located in Milwaukee County, Wisconsin, and the United States District Court for the District of Wisconsin. You waive any rights to object to venue as set forth herein, including any argument of inconvenience for any reason. Finally, you agree that in the event a dispute arises, you will seek to resolve the dispute amicably before commencing litigation and further agree to engage in formal mediation prior to commencing a suit.

    2. If anyone brings a claim against The Scholar's Choice relating to your actions or to content or information you have posted on The Scholar's Choice, you will indemnify and hold us harmless from and against all related damages, losses, and expenses, including reasonable legal fees.

    3. We try to keep The Scholar's Choice safe, available, and free of bugs, but you use the service at your own risk. We provide The Scholar's Choice "as is" without any warranties, express or implied. We do not guarantee that The Scholar's Choice will be safe or secure. We are not responsible for the actions or content of third parties, and you release us from any claims and damages arising out of any claim you have against any such third parties.


  6. Entire Agreement, Non-Waiver, Severability, and Successors and Assigns

    1. These Terms and Conditions state the entire agreement between you and The Scholar's Choice and merge all prior negotiations, agreements, and understandings, if any. No modification, release, discharge, or waiver of any provision of these Terms and Conditions will have any force or effect unless made in writing and signed by The Scholar's Choice.

    2. The delay or failure of The Scholar's Choice to enforce any provision of these Terms and Conditions shall not constitute a waiver of our right to enforce that or any other provision.

    3. In the event that any part of these Terms and Conditions is found to be unenforceable, such part shall be modified by the court to make it enforceable to the maximum extent possible. If the part cannot be modified, that part may be severed and the other parts of the Terms and Conditions shall remain in full force and effect.

    4. The rights and obligations of The Scholar's Choice under these Terms and Conditions shall inure to the benefit of the successors and assigns of The Scholar's Choice. You may not assign or transfer any of your rights or obligations under these Terms and Conditions to anyone else.
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