Terms and Conditions

By accessing the EVANSNEWTON.COM Website or using the Services (defined below), You agree to be bound by these Terms and Conditions.

Use of Website

    These Terms and Conditions apply to You whether You access this Website through the home page or directly access any webpage located on the Website and maintained by Us, or if You access or use any of the Services available on or through the Website. We reserve the right, in Our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time upon reasonable notice. Any changes to these Terms and Conditions will be posted on this webpage. Notice of all such changes will be posted in advance of the effective date. By using or continuing to use the Services or the Website after the effective date of any such changes, You agree to be bound by the new Terms and Conditions. If You do not agree to abide by these or any future Terms and Conditions, do not use the Services or access the Website. It is Your responsibility to regularly review these Terms and Conditions. Certain Services may be provided in restricted areas available only to authorized users. You may only access such restricted areas if you are authorized to do so. Your access to the Website or the Services may be governed by a separate written agreement between You and the Company. In the event of any conflict between the provisions of these Terms and Conditions and any separate written agreement between you and the Company related to the Services, that separate written agreement will be controlling. Nothing in these Terms and Conditions will modify any separate written agreement between You and the Company.

Definitions

  1. "Services" refers to all services offered by the Company, including those which may be offered through the Website. Such services may be available only to authorized users.
  2. "Terms and Conditions" or "Agreement" refers to these Terms and Conditions. These Terms and Conditions include Our Privacy Policies and any other policies, terms, or conditions referred to in these Terms and Conditions or posted on the Website.
  3. "We," "Us," or "Our" refers to Evans Newton Incorporated, the owner and operator of the Website and the Services. Evans Newton Incorporated may also be referred to as the "Company."
  4. "Website" refers to the Internet website located at WWW.EVANSNEWTON.COM and any webpages accessible through the home page for the website and any content or materials placed on or available directly from the website. Certain portions of the Website are available only to authorized users and may be accessed only be entering a user name and password, or access may be otherwise restricted. Only authorized users may access the restricted areas and use the Services in such areas.
  5. "You," "Your," or "Yourself" refers to the user of the Website, the user who accesses any material available on the Website, or the user who accesses or uses the Services. You agree that You shall be liable for any use of the Website or Services by anyone using Your user name or identification to access the Services or the Website.

Eligibility

The Website is open to all users who have a legitimate interest in the use of the Website or the Services.

  1. We reserve the right to limit, restrict, or deny access to the Website or the Services to any user at any time for any reason. Without limiting the generality of the foregoing, We may prohibit You or anyone from accessing or using the Website if:
    • (1) You or they violate this Agreement;
    • (2) In Our reasonable opinion, Your use of the Website or Services poses a risk to any other user of the Website or Services, or exposes Us to any legal risk, or poses harm or a reasonable threat of harm to any computer system or related computer facilities used by the Website or accessed by the Services or to any other user of the Website or Services; or
    • (3) is contrary to law.
  2. To create an account with Us, You must be at least eighteen (18) years of age. By registering with Evans Newton Incorporated, You represent that You are of legal age and capacity to enter into a binding contract and are not a person barred by any laws from using the Our Website. You agree to provide true, accurate, current, and complete information about Yourself in all required fields of the registration form. If any of Your information changes, You agree to update Your registration information as soon as possible. If We have reason to suspect that Your registration information is not complete, current, or accurate or that You have otherwise violated this Agreement, Your account will be subject to suspension or termination, in Our sole discretion, and You may be barred from using Our Website.

Limitation on Use of the Website

  1. You agree to comply with the following restrictions governing Your use of the Website.
    • (1) You may use the Website and Services only for the purposes of researching information about the Company and the Services it offers or for using the Services in the manner described in this Website or pursuant to any other written contract between You and the Company. You may not use the Website or the Services for any commercial purpose other than those authorized by the Company.
    • (2) You will not use the Website or Services for any illegal activity.
    • (3) You will not use the Website or Services for purposes of harassing any third party or for publishing or distributing any libelous, slanderous, or defamatory materials or any obscene, scandalous, or indecent materials.
    • (4) You represent and warrant that You are the owner or are authorized to use and distribute any data, material, or information that You provide in the course of Your use of the Website or the Services.
    • (5) You represent and warrant that none of the data, information, or materials submitted by You will violate or infringe upon the rights of any third party, including patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights.
    • (6) You agree not to use automated scripts to collect information from the Service or the Website.
  2. You further agree that You will not use the Website or Services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Website or Services.
  3. You will not post any viruses or other computer code to the Website or Services that is designed to harm or damage any computer system, that is designed to interrupt or interfere with the proper functioning of the Services or any computer system, or that is designed to damage or destroy any data contained on any computer system or that interferes with the orderly use of the Services.
  4. You represent and warrant to Us that You have the right and authorization necessary to post any content You provide to Us for use in connection with the Services. You further represent and warrant that all data posted to the Services are posted in compliance with these Terms and Conditions and all applicable laws, including, without limitation, all privacy and confidentiality laws.

Proprietary Rights in Content on the Website

All content on the Website, including, without limitation, design, text, graphics, other files, and their selection and arrangement (the "Content"), is the property of the Company. The Company owns the copyright in all Content, except for the content supplied by the Company's affiliates or members, which content is used and posted with permission. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. All trademarks, logos, trade dress, and service marks on the Website are either trademarks or registered trademarks of the Company or its partners, affiliates, or service providers and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

By posting information or content to the Website, You grant, and You represent and warrant that You have the right to grant to Evans Newton Incorporated an irrevocable, perpetual, fully-paid, worldwide, non-exclusive license to use, copy, and display such information and content.

Privacy Policy

Our privacy policy is set forth on the following webpage: Privacy Policy. Our privacy policy is a part of these Terms and Conditions. By using the Website, You agree to be bound by and comply with Our privacy policies.

Disclaimers

  1. We are not responsible for any interruption or unavailability of the Services. You understand that these Services are Internet based and that We cannot guarantee continued access to or availability of the Internet or the Internet-based Services. We are not responsible for the loss of any data posted by You during the course of Your use of the Website or Services.
  2. TO THE EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE. IN NO EVENT SHALL THE COMPANY'S LIABILITY FOR ANY CLAIMS EXCEED THE AMOUNT PAID BY THE USER.

User Generated Content

We may not be able to review all materials posted to the Website by users, and We are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request, or court order to edit, to refuse to post, or to remove information or materials, in whole or in part, that are the subject of a complaint or a report of abuse or that, in Our sole discretion, are objectionable or in violation of these terms or as otherwise required by law or court order. Any opinions, advice, judgments, statements, or other information or content expressed or made available by users to the Website is that of the respective author(s) and not of Evans Newton Incorporated. We make no guarantees to the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for a particular purpose.

Links to Other Websites

The Website contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by Us. Inclusion of any linked website on or through the Website or the Service does not imply approval or endorsement of the linked website by Us. If You decide to leave the Website and access these third-party websites, You do so at Your own risk.

Interactive Community

  1. The Company maintains a public Twitter account. Our Twitter username is "@evansnewton." You may access our account via the uniform resource locator (URL) https://twitter.com/evansnewton, which is an Internet resource hosted by Twitter, Inc. Please access https://support.twitter.com/ for Twitter's official discussion of its rules, best practices, terms of service, privacy policy, or the quoted terminology referenced in Section 10.c., following.
  2. We purposefully monitor our Twitter account.
    • (1) We are engaging in timely dialogue with Our customers and others who take an interest in Our activities.
    • (2) We are learning what Twitter users are publicly communicating about the Company so We may bring such users into dialogue with Us.
  3. Because any Twitter user may post content to or about Our account by means of, without limitation, what Twitter users term "tweets," "retweets" or "RTs," "modified tweets" or "MTs," "@replies," "mentions," "direct messages" or "DMs," "Favorites," and the "Follow Friday" hashtag ("#ff"), We cannot be held responsible for such third-party content, nor can We respond to or take action concerning all such third-party content.
  4. We or other Twitter users may, from time to time, post on Our or other users' Twitter accounts certain content, links to third-party Internet resources, or commentary on such content or links. Whether posted from, to, or about Our Twitter account, such content, links, or commentary does not imply Our approval or endorsement of such content or commentary or the content of such linked Internet resources. We are not responsible for the content, accuracy, or opinions that other Twitter users may express on or about our Twitter account, nor are we responsible for the content, accuracy, or opinions expressed on Internet resources to which We or other Twitter users may post links from, to, or about Our Twitter account. We have not investigated, monitored, or checked the accuracy or completeness of such linked third-party Internet resources. If You decide to leave Our Twitter account and access such linked resources, You do so at your own risk.
  5. Our Twitter account is governed by the rules, best practices, terms of service, and privacy policy established by Twitter, Inc. Those rules, practices, terms, and policy govern Your and Our use of Twitter. You are also subject to this website's Terms of Service when You access Our Twitter account.
  6. We reserve the right to take positive action to maintain the quality that We desire for Our Twitter account. Because We are particularly concerned to protect the privacy of minor children, We urge Twitter users not to include personally identifiable information, such as student identification numbers, phone numbers, email addresses, or photos, when posting to or about Our Twitter account.
    • (1) We may block or unfollow any Twitter user who, in Our sole judgment, violates generally acceptable norms of public Internet communication.
    • (2) We may report to Twitter, Inc., any Twitter user who, in Our sole judgment, violates Twitter's rules, practices, terms, and policies referenced in this Section 10.f.(2).
    • We will not automatically follow Your Twitter account if You follow Our account. We make this Our policy so that the Twitter community can confidently identify Twitter users whom We follow because We judge them as particularly relevant to American education. That Evans Newton follows a Twitter account does not imply Our approval or endorsement of the entity who holds that account, and We are not responsible for the content, accuracy, or opinions posted to, from, or about that account.
    • Members of the media who seek information about content, Internet links, or commentary posted to, from, or about Our Twitter account should contact Us as provided on this Website's "Contact Us" webpage.

Indemnity

You agree to indemnify, defend, and hold Evans Newton Incorporated and its officers, employees, agents, and representatives harmless from any and all claims, demands, actions, causes of action, demands, liabilities, judgments, and damages, including reasonable attorneys' fees, arising out of or related to Your use of the Website or Services or any violation of these Terms and Conditions.

Additional Terms

These Terms and Conditions, together with Our privacy policy and any other policies of the Company posted by Us on the Website, constitute the entire Agreement between You and Us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms and Conditions in any instance shall not prevent Us from enforcing such rights on any other occasion. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

  1. These Terms and Conditions are governed by Arizona law. You consent to the jurisdiction and venue of the courts sitting in the state of Arizona. In any legal action, the prevailing party shall recover their court costs and reasonable attorneys' fees.
  2. We do not warrant or represent that the Website or the information contained on the Website may be lawfully accessed, viewed, downloaded, or used outside the United States. Users outside the United States are solely responsible for the compliance with the laws of the country from which they are accessing or using the Website or Services.

Claims of Copyright Infringement or Other Intellectual Property Infringement

  1. Our copyright claims procedures are set forth on the following webpage: Copyright Claims. Our copyright claims procedures are a part of these Terms and Conditions. By using the Website, You agree to be bound by and comply with Our copyright claims procedures.
  2. We take all claims of copyright infringement and other intellectual property infringement claims seriously. If You believe any of the materials on the Website infringe Your copyright or otherwise infringe any of Your rights, please follow Our copyright claims procedures, and give Us notice of Your claims at info@evansnewton.com. Our copyright claims procedures are set forth here.

 

These Terms and Conditions were updated as of February 25, 2013.