User Service Agreement

Last Updated: July 2006

Thank you for using mySTANDARDS!

1. This Is a Contract Between You and mySTANDARDS, and it's software licensor, Apex Education.
   This is a contract between you and myStandards, and it's software licensor, Apex Education (located at 6739 Academy NE, Albuquerque, NM 87109). We will refer to ourselves in this contract as either "APEX," "we" or "our." You are an individual person, or you are an employee or other agent of an entity on whose behalf you are accepting this contract. You must be at least 18 years old and have attained the age of majority in the province, state or country in which you live. The facts you give us must be complete and correct.
   
   This contract covers your use of this service, and includes any other related services, software, machines, support, content and other media, papers, updates or upgrades. We refer to these all as the "Service." This contract also covers your use of any additional APEX services for which you choose to sign-up while this contract is in force.
   
   Please note that this contract limits our liability and we do not provide warranties for the Service. The contract also limits your remedies. These terms are in Sections 11 and 12 and we urge you to read the terms carefully.
   
   
2. How and When You May Use the Service.
   We provide the Service for your personal and/or business use. You may not use the Service in a way that is against the law. You may not rent, lease, license or otherwise transfer any rights to use the Service. You may not provide commercial hosting services under this Agreement. You also may not use it in a way that harms us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the "APEX Parties"), or any customer of an APEX Party. We may tell you about certain specific harmful uses in a code of conduct or other notice available through the Service. We have, however, no duty to do so. You will obey any codes of conduct or other notices we provide.
   
   You may start using the Service right after you finish the sign-up process based on approval or pending approval if applicable. No withdrawal right or "cooling-off" period applies to the Service, except if the law requires a "cooling off" period even when your use of a service starts right away.
   
   
3. Data Mining and Spam Are Prohibited.
   Without limiting the general nature of Section 2, you will not use the Service or services to transmit, either directly or indirectly, or facilitate the transmission of any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Service services in any way to collect email lists for personal or commercial use. APEX does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through any APEX Services. APEX does not permit or authorize others to use, to collect, compile or obtain any information about its user, its customers or subscribers, including but not limited to subscriber e-mail addresses, which are APEX 's confidential and proprietary information.
   
   
4. You Are Responsible For Your Service Account.
   You are responsible for all activity under your Service account. You may not authorize another person to use your Service account, and you are responsible for keeping confidential any password for your Service account. We may allow you to have additional member accounts associated to your Service account. We refer to these as "associated accounts" or "sub-user accounts." We may limit who may use any associated or sub-user accounts. You must tell us right away about anyone using your account without your consent, or any security breach that relates to the Service.
   
   
5. Associated and Sub-User Account Users.
   Users of an associated or sub-user account relinquish to the holder of the Service account, full control over the associated or sub-user account. This control includes the right to end the Service, close or alter your associated account at any time, and to request and receive usage information related to your associated account. Any data related to your associated account is collected and delivered to the holder of the Service account and APEX. As an associated or sub-user account user, this contract applies to you except for the following sections: Section 4 (You Are Responsible for Your Service Account), Section 6 (Charges and Billing); Section 15 (Your Termination of Service), and Section 21 (Our Notices to You; Consent Regarding Electronic Information).
   
   
6. Charges and Billing.
   
   1. Does Not Apply to Some Situations. If the Service or other services are available without a fee, then this Section 6 will not apply. If you pay us for the Service or services (either currently, or in the future), then the terms of this Section 6 apply to you. If you pay a company other than APEX for the Service or services, then the charges and billing terms are as set forth by the other company.
      
      
   2. Payment. If you enter a "Payment Method" for services offered, you confirm that you are authorized to use the Payment Method. You authorize us to charge you for the Service using your Payment Method. You authorize us to charge you for any additional services for which you choose to sign-up while this contract is in force. You will pay for Service charges in advance.
      
      We will charge you for the Service or services using the Payment Method you selected. We may charge you a different amount from what you approved. If we do, we will tell you the amount and the date of the charge at least 10 days before we make the charge. We may bill you for more than one of your prior billing periods together. We will not bill you more than once in any billing period.
      
      
   3. Trial Period Offers. You may have received a limited time of free Service or some other trial period offer. If you do not want to incur charges after this period, you must cancel the Service. If you do not cancel your Service, then you authorize us to charge your Payment Method for the Service.
      
      
   4. Prices and Price Increases. The price for the Service excludes all taxes and phone charges, unless expressly stated otherwise. To the maximum extent permitted by law, such taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your Payment Method provider. We will inform you of the price of the Service or services prior to purchase. If there is a specific time length and price for your Service offer, then that price will remain in force for such time. Your use of the Service after such time, however, will be charged at the new price. If your Service is on a period basis (for example, monthly), with no specific time period, then any price change will start when we say. If you do not agree to such changes, then you must cancel and stop using the Service before the changes are in force. If you cancel your Service, then your Service ends at the end of your current service term or, if we bill your account on a period basis, at the end of the period in which you cancelled.
      
      
   5. Refund Policies. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by law. If we make changes to the terms of service and you choose to cancel, you will receive a refund for the remainder of the contract. The costs of any returns will be at your expense, unless otherwise provided by law.
      
      
   6. Errors. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 30 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 30 days after the error first appears on your statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.
      
      
7. Materials You Post or Provide; Communications Monitoring.
   You may be able to submit materials for use in connection with the Service. We do not claim ownership of the materials you post or otherwise provide to us (including feedback) related to the Service (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public permission to use, copy, distribute, display, and modify your submission, each in connection with the Service, and to publish your name in connection with your submission. You also give the public permission to grant this permission to other persons. This section only applies for legal content, and to the extent that use and publishing of such legal content does not breach the law. We will not pay you for your submission. We may refuse to transfer, or may remove your submission at any time. For each submission, you must have all rights necessary for you to grant the permissions in this section.
   
   We consider your use of the Service, including the content of your communications, to be private. We do not routinely monitor your communications or disclose information about your communications to anyone. However, to the maximum extent permitted by law, we may monitor your communications and may disclose information about you, including contents of communications, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this contract; or (3) protect the rights, property, or interests of APEX, its employees, its customers, or the public.
   
   
8. Software.
   We may provide you with software to use with the Service. If you receive software from us, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then we grant you the right to use the software only for the authorized use of the Service. Copyright and other intellectual property laws and treaties protect such software and content. We reserve all other rights to the software. APEX or its suppliers own the title, copyright, and other intellectual property rights in such software.
   
   We may automatically check your version of the software. We may automatically download upgrades to such software to your computer to update, enhance and further develop the Service. Your license will end on the date your Service ends. Your license will also end if we modify the Service in a way that no longer supports such software. Promptly after the date your Service ends, you shall uninstall such software. We may disable such software after the date the Service ends.
   
   You will not disassemble, decompile, or reverse engineer any software or any machine included in the Service, except and only to the extent that the law expressly permits such activity.
   
   The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
   
   
9. Performance and Usage Information.
   We may automatically upload performance and usage data for evaluating the Service and the software associated with the Service. Such data will not personally identify you. You may opt out of the automatic uploading of your usage data (but not performance data) as indicated in software associated with the Service.
   
   
10. How We May Change the Contract.
    If we change this contract, then we will tell you at least 30 days before the change is in force. We will tell you of the change by e-mail or online posting. We may also use other ways that we believe will reach you. If you do not agree to such changes, then you must cancel and stop using the Service before the changes are in force. If you choose to cancel, you will receive a refund for the remainder of the contract. If you do not stop using the Service, then your use of the Service will continue under the changed contract.
    
    
11. WE MAKE NO WARRANTY.
    We provide the Service and services "as-is," "with all faults" and "as available." The APEX Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
    
    
12. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.
    You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
    
    This limitation applies to
    • any matter related to the Service and services,
    • any matter related to content (including code) on third party Internet sites, third party programs or third party conduct,
    • any matter related to viruses or other disabling features that affect your access to or use of the Service,
    • any matter related to incompatibility between the Service and other services, software and hardware,
    • any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
    • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
    • It also applies even if
      • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
      • APEX knew or should have known about the possibility of the damages.
    Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
    
    
13. Changes to the Service; Our Cancellation of Service.
    We may change the Service or delete features at any time and for any reason. We may cancel or suspend your Service or services at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. Our cancellation of the Service will not alter your obligation to pay all charges, if applicable, made to your Billing Account. If we cancel the Service in its entirety without cause, then we will refund to you, on a pro-rata basis the amount of your payment corresponding to the portion of your Service remaining right before such cancellation.
    
    
14. Your Cancellation of Service.
    You may cancel the Service at any time, with or without cause, upon email or written notice to us as specified in the customer support or "help" area for the Service. If you are participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring charges. Certain Service offers may require cancellation charges, and you will pay all such cancellation charges as specified in the materials describing such offer. Cancellation of the Service by you will not alter your obligation to pay all charges made to your Billing Account.
    
    
15. Choice of Law and Location for Resolving Disputes.
    If this contract is with APEX, then claims for breach of this contract will be subject to the laws of the State of New Mexico, without reference to conflict of laws principles. If this contract is with a APEX affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such APEX affiliate, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States.
    
    If this contract is with APEX, you consent to the exclusive jurisdiction and venue of state or federal courts in Bernalillo County, New Mexico, USA for all disputes relating to this contract or the Service. If this contract is with a APEX affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such APEX affiliate for all disputes relating to this contract or the Service. You cannot revoke this consent.
    
    
16. Interpreting the Contract.
    All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between us regarding your use of the Service. It supersedes any prior contract or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
    
    
17. Assignment.
    We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Service. The other party may then establish a Service account and enter into a contract with us.
    
    
18. Your Notices to Us.
    You may notify us by e-mail or postal mail. Your notices to us must be addressed as stated in the customer support or "help" area for the Service.
    
    
19. Our Notices to You; Consent Regarding Electronic Information.
    This contract is in electronic form. There may be other information regarding the Service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for your Service, (2) by access to a APEX web site or affiliated web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to a APEX web site or affiliated web site that will be generally designated in advance for such purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of such e-mail. If you would like a copy of this information or this contract in paper form, you may print one from the website free of charge. You may also make a request for a paper copy sent to you via mail. We may charge a reasonable fee for providing such paper copies.
    
    As long as you access and use the Service or services, you will have the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must stop using the Service.