Terms of Use - VariQuest Resource Center

VariQuest.com and the VariQuest Resource Center are online resources for educators. VariQuest supports educators and engages every student in their quest for learning by providing easy-to-use visual and kinesthetic learning tools paired with leading-edge content. These terms of use (“Terms”) constitute a legal contract between you and Varitronics, LLC (“we,” or “us”) and govern all aspects of your use of Varitronics, LLC’s websites (the “Site”) and your use of our products and services (“Service”). Please read these Terms carefully. By downloading or using any of the information, materials, or functions available on the Site, you agree to be bound by these Terms.

Unless otherwise specified herein, these Terms, along with our Privacy Policy and any additional policies, guidelines, and rules posted on the Site, constitute the entire agreement between you and us with respect to the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Varitronics.

Eligibility
The Services offered through our Site are not available to people who have not reached the age of majority in their state of residence. The Site is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to local law or regulation.

Privacy
Varitronics, LLC is committed to protecting the privacy of those who access and use our Site. Please review the Site’s Privacy Policy. The Site’s Privacy Policy is incorporated by reference in the Terms. By using the Site, you are also consenting to the Privacy Policy. Proprietary rights in the site and service; limited license

All intellectual property rights, including all copyrights, patents, and trademarks, associated with or used to create the Site or available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, code, software, music, sound, and other files are the proprietary property of Varitronics, LLC, our users’ content or our licensors and protected by copyright laws and international treaty provisions.

Provided that you are eligible to use the Site and subject to the terms and conditions of these Terms of Use, Varitronics, LLC grants you a limited, revocable license to access and use the Site. Any use of the Site other than as specifically authorized herein, without the prior written permission of Varitronics, LLC, is strictly prohibited and will terminate your eligibility granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws, and applicable communications regulations and statutes. All copyright, patent, trademark, and other intellectual property-related notices must remain intact and affixed to any materials downloaded from the Site.

Unless explicitly stated in these Terms of Use, nothing herein will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User content
When we talk about “User Content,” we mean any work of authorship (other than the intellectual property rights code described in the Section entitled “Proprietary Rights in the Site; Limited License”) which you post on, upload to, input to, submit to or transmit through the Site (collectively, “post”). Examples of User Content include comments, contest entries, profile information, and other similar materials.

Varitronics, LLC does not claim ownership of User Content. When you post User Content on the Site, you keep your copyright, but you grant Varitronics, LLC permission to use the Content in connection with the operation of our business, including, without limitation, the license rights to: distribute, transmit, publicly display, publicly perform, reproduce, edit, sell, translate, and reformat User Content; excerpt User Content, for use in marketing materials; make minor modifications to the User Content for technical reasons; post and display User Content on this Site; and copy User Content for use on the Site. By including Personal Data in the User Content you post, you authorize Varitronics, LLC to disclose that Personal Data as part of the Content.

By uploading User Content to the Site, you represent and warrant, to the best of your knowledge, that all factual information in the Content is true and accurate. Despite all this, Varitronics, LLC cannot guarantee the accuracy, integrity or quality of User Content. You also represent and warrant, at all times during the term of this Agreement, that the User Content:

is owned by you or, to the extent the User Content is owned by someone else, that you have permission to post or otherwise provide the Content to Varitronics, LLC for use as described above.
does not contain any Personal Data about any individual other than you.
does not violate any copyright, trademark, trade secret or other intellectual property right of any third party.
does not violate the legal rights (such as rights of privacy or publicity) of another.
does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data).
does not break the law, facilitate the breaking of the law, or violate any applicable regulation or Varitronics, LLC rule or policy.
does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations.
including the use of any recipe, formula, or instruction in the Content, will not result in personal injury to any person.

In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.

Varitronics, LLC is under no obligation to post or use any User Content you may provide. We reserve the right to refuse to permit your posting on the Site of any User Content that Varitronics, LLC, in our sole discretion, deems in violation of the terms and conditions set forth above. We may remove any User Content at any time in our sole discretion.

You are solely responsible for your use of the Site and your User Content, including Content you generate and post to Varitronics, LLC. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Varitronics, LLC responsible for any damage to, corruption of or destruction of the User Content. You are responsible for archiving and backing up, on your own computer, all User Content. Varitronics, LLC will not be responsible for or have any obligation or liability to you, archiving or backing-up any Content. If any User Content transmitted to Varitronics, LLC is damaged, lost or corrupted, Varitronics, LLC will have no obligation or liability to you.

Use and abuse of the Site
The information and materials contained on the Site, and the Terms, policies, and descriptions on the Site, are subject to change. You accept sole responsibility for all of your activities using the Site. Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into Varitronics, LLC’s systems or misuse of any information posted on the Site, is strictly prohibited.

You agree not to use the Site to:

upload, post or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
harm anyone, including minors, in any way.
use “spam,” “blast-faxes,” or recorded telephone messages to market or sell User Content.
interfere with the operation of the Site via the use of viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar programs or technology designed to disrupt or damage software or hardware.
employ a robot, spider or other process or device to harvest e-mail addresses or other information regarding users of the Site or to monitor the activity on the Site.
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of User Content.
interfere with User Content posted by another.
impersonate another person or entity or forge any e-mail communication or message.
misrepresent your credentials or post User Content that misleads others regarding your expertise or qualifications.
post User Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
is unlawful, fraudulent, or deceptive.
encourages conduct that would constitute a criminal offense or that gives rise to civil liability.
violate any code of conduct or other guidelines which may be applicable for the Site.
violates the Terms or any other Varitronics, LLC policies.
constitutes any other inappropriate conduct, as determined by us in our sole discretion.

In addition to complying with all restrictions on conduct and User Content, you are responsible for adhering to all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you use the Site.

Varitronics, LLC reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove Content and/or ban users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.

Accounts and registration

To access the Service, you must register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password.

You are responsible for maintaining the confidentiality of your account and password. Varitronics, LLC is not liable for any harm related to the theft of access credentials, your disclosure of access credentials, or your decision to allow another person or entity to access and use the Site using your access credentials. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at 1-800-328-0585 or variquest@variquest.com.

Release

If you have a content or other dispute with a Partner, Teacher or other user of the Site, you release Varitronics, LLC (and our officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Links to third party sites

The Site may contain links to third party web sites (“Linked Sites”). The Linked Sites are not under the control of Varitronics, LLC and Varitronics, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Varitronics, LLC provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the terms of use and privacy statements posted at the Linked Sites.

Any dealings with third parties (including advertisers) accessed through this Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

Governing law and disputes

The Terms are governed by and construed in accordance with the laws of the State of Minnesota excluding choice-of-law provisions of Minnesota law that would result in the laws of any state or country other than Minnesota being applied. The Minnesota Court has general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to the Site, Terms, or any other Varitronics, LLC policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.

Warranty disclaimers

VARITRONICS, LLC, INCLUDING OUR RESPECTIVE SUPPLIERS AND AFFILIATES, ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, TRUTHFULNESS, USEFULNESS, COMPLETENESS, TIMELINESS, OR VALUE OF THE SITE CONTENT, PRODUCTS, INFORMATION, DATA OR OTHER CONTENT ON OR ACCESSIBLE THOUGH THE SITE, AND MAKES NO REPRESENTATIONS ABOUT THEIR SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR REVIEWING AND VERIFYING THE ACCURACY, TRUTHFULNESS, USEFULNESS, COMPLETENESS, TIMELINESS, AND VALUE TO YOU OF ALL SUCH USER CONTENT, PRODUCTS, INFORMATION, DATA AND OTHER CONTENT TO WHATEVER EXTENT YOU DEEM NECESSARY.

NEITHER VARITRONICS, LLC NOR OUR SUPPLIERS OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, THE SERVICE, MEMBERSHIP, OR PRODUCTS.

ALL USER CONTENT, PRODUCTS, THE SITE, THE SERVICE, DATA, INFORMATION, AND OTHER CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VARITRONICS, LLC AND OUR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE THIS SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold Varitronics, LLC, our affiliates and our suppliers, including our and their respective officers, employees, contractors, and agents, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your reliance on any transaction introduced, facilitated, or accessed through the Site, or any Content contained on or accessible or made available through the Site; (b) any breach or alleged breach of any representation, warranty, term or condition of this Agreement; of (c) any act or omission by you which is in any way related the Site, the Service or this Agreement.

Termination/Access restrictions

Unless we terminate your access to the Site for breach of this Agreement, we will continue to provide you with the Site.
We reserve the right, in our sole discretion, to terminate your access to any or all of the Site or any portion thereof at any time, without notice, if you breach any of the provisions of this Agreement. Any such termination will be effective immediately, may be made with or without notice, and will be done without any liability to you or any third party. Upon termination, your access to and use of the Site immediately ceases. Following termination we have no further obligation.

No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Severability/no waiver

If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Varitronics, LLC’s failure to enforce the strict performance of any provision of the Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms or the additional terms and conditions.

Copyright and Trademark Notices

TRADEMARKS. Varitronics, LLC, VariQuest, Engage Every Learner, Perfecta, Motiva, Trifecta and their corresponding logos, and other Varitronics, LLC products referenced herein and on the Site are either trademarks or registered trademarks of Varitronics, LLC. The names of actual companies and products mentioned herein and, on the Site, may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Notices and procedure for making claims of copyright infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Varitronics, LLC’ agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at variquest@variquest.com.

Additional terms

Certain features or Services available through the Site may be subject to additional terms, which will be presented to you at that time. In the event of a conflict between these Terms and such additional terms, the additional terms will govern solely with respect to such features and Services. Such additional terms are expressly incorporated into and made part of these Terms.

Changes

You are responsible for reviewing these Terms regularly. Varitronics, LLC reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Site, the Terms, or any Varitronics, LLC policies related to use of the Site. Revisions to the Terms or Varitronics, LLC’s policies may be provided through the Site, including by posting the revisions on the Site. Continued use of the Site following such modifications to the Site, the Terms, additional terms and conditions for any service, or other Varitronics, LLC policies will constitute your acceptance of such modifications and revisions.

Contact us

If you have any questions regarding the Site, these should be directed to 7200 93rd Ave. N., Suite 120, Brooklyn Park, MN 55445.. or email us at variquest@variquest.com.