Website User Agreement – Last updated January 10, 2012
The REA Study Center website (together with all related websites, the "Website"), Copyright 2012 Research & Education Association,
Inc., is owned by Research & Education Association, Inc. (hereinafter "REA"), and is designed primarily as an on-line testing,
of REA's website. Subject to the terms contained herein, REA authorizes User to access, browse, and/or use the Website and the
information available therefrom solely for testing, diagnostic, and studying purposes. User acknowledges that it has reviewed
this User Agreement, which explains and governs User's operational use of the Website and Program. REA reserves the right, on
Such notice and modifications will be provided on the Website or by other electronic means, in REA's sole discretion. In the
For purposes of this Agreement, "User" shall mean a student or other person who is authorized to use the Website by receiving a user name and password from REA.
- Acceptance of Agreement. By accessing, browsing and/or using the Website or REA's or its subcontractor's servers ("Servers"),
User agrees to be bound by the terms of this Agreement. User further agrees to be bound by all applicable laws and regulations,
including U.S. export and re-export control laws and regulations. If User does not agree to this Agreement or if User is under
the age of 13, the User is not permitted to use the Website or Servers or have access to the Program. The material provided in
this Website is protected by law, including but not limited to, United States copyright law and international treaties. User's
continued use of the Website or Servers constitutes User's continued acceptance of this Agreement. Any use of the Website or
access and may subject the User to civil or criminal penalties.
- License. REA grants User a revocable, nonexclusive, nontransferable license, without the right to sublicense, to access and
use the Website for the sole purpose of accessing and using the Program. User is not granted any license for (i) any resale or
commercial use of the Website or its content; (ii) any derivative use of the Website or its content; or (iii) any use of data
mining, robots, or similar data gathering and extraction tools.
- Term and Termination. This Agreement continues in force and effect during User's use of the Website. The license provided
under this Agreement terminates upon the User's breach of any term or provision of this Agreement or upon REA's revocation
- User Responsibility. User shall be responsible for providing, at its expense, all communication lines, hardware, other
software, services and other materials and technology necessary for the User to access the Website and the Servers. REA
shall have no responsibility for any failure of such items or any failure or limitation of the Internet or other computer
hardware or software.
- User Comments. Users may post reviews, comments, photos, and other content; send e-cards and other communications; and
submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." Users may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content. REA reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content. If User does post content or submit material,
and unless we indicate otherwise, User grants REA a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media. User grants REA and sublicensees the right to use the name
that User submits in connection with such content, if they choose. User represents and warrants that he owns or otherwise
controls all of the rights to the content that User posts; that the content is accurate; that use of the content User supplies
does not violate this policy and will not cause injury to any person or entity; and that User will indemnify REA for all claims
resulting from content User supplies. REA has the right but not the obligation to monitor and edit or remove any activity or
content. REA takes no responsibility and assumes no liability for any content posted by User or any third party.
- Intellectual Property. Copyrights in all material provided under or as part of the Program (such as software, text, graphics,
information, images, documents, presentations and other materials) are owned and held by REA as the original creators of the
Website and the Program (the "Materials"). "REA", = "WebTools for AP", "All Access", "REA AP Crash Course" and "REA Study Center"
are trademarks of REA. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written permission of REA. Permission is granted to access and display
on its computer screen, the Materials for the purposes solely related to participating in the Program. User may also print a
limited number of copies of screen shots solely for its own non-commercial internal, personal use provided the User does not
modify the materials and that the User retains all copyright and other proprietary notices contained in the materials. All
rights granted to User under this Agreement shall terminate automatically if the User breaches any terms or conditions of
this Agreement or if REA revokes the license to the User as granted herein. Upon termination of the license, the User must
immediately destroy any downloaded or printed Materials. The User also may not, without REA's prior written permission,
"mirror" any material contained on this Website or on any other server. User shall not reverse engineer, decompile, or
disassemble the Website or communication protocol used by the Website. Any unauthorized use of any material contained
on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations
and statutes. Other product and company names mentioned herein may be trademarks and/or service marks of their respective
- Confidentiality. "Confidential Information" shall mean any confidential information, including a User's name and test
responses, disclosed to REA by a User through the use of the Website or during the course of the Program. Confidential
information shall not include and information which: (a) is or becomes generally available to the public through no
wrongful act of REA; (b) was in REA's possession prior to the time it was acquired from the disclosing party and which
was not directly or indirectly acquired from the disclosing party; (c) is independently made available as a matter of
right to REA by a third party lawfully in possession thereof, and who was not, to REA's knowledge, under an obligation
to the disclosing party not to disclose it, or (d) is independently developed by or for REA by persons not having exposure
to the disclosing party's confidential information. REA agrees: (x) except as required by law or regulation, not to disclose,
directly or indirectly, to any third party any portion of the Confidential Information; (y) to take reasonably necessary
precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the
same degree of care in safeguarding the Confidential Information as the User would with its own confidential information;
and (z) promptly notify User in writing upon learning of any unauthorized use or disclosure of the Confidential Information.
- Disclosure. Notwithstanding anything herein to the contrary, User expressly grants REA permission to share all such
Confidential Information with User's parents or guardians if User is under the age of 18. In addition, User authorizes
REA to utilize User's data aggregated with other data from other users on an anonymous basis for statistical or marketing
purposes. User further grants REA permission to disclose the Confidential Information when REA, in its sole reasonable
judgment, believes that such disclosure is appropriate to comply with the law; protect the rights of, property, or safety
of Users, REA or others; or enforce this Agreement or other agreements.
- Representations Regarding License and Server Access. REA represents that it has the full and unencumbered right to
license the Website and the right to grant User access to the applicable Servers and the content contained therein.
- Disclaimer of Warranty. While REA uses reasonable efforts to assure the inclusion of accurate and up-to-date
information on the Materials, REA makes no warranties or representations as to their accuracy. REA assumes no
liability or responsibility for any typographical, data input errors, calculation errors or other errors or
omissions in the content on the Materials. REA PROVIDES THE WEBSITE, ITS SERVICES AND MATERIALS "AS IS",
"WHERE IS", AND "AS AVAILABLE", WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED
OR STATUTORY. REA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. REA DOES NOT WARRANT (1) THAT THE WEBSITE OR ITS SERVICES WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE,
AND NOTIFIES THE USER THAT OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF REA'S
CONTROL, (2) THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (3) THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED, OR (4) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Disclaimer of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL REA, ITS
OFFICERS, AGENTS, EMPLOYEES, AND/OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE
OR SERVERS BE LIABLE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE INFORMATION OR MATERIALS
ON REA'S WEBSITE OR SERVER OR ANY ERROR IN OR DEFICIENCY OF THE WEBSITE OR SERVER, EVEN IF REA OR AN REA AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (2) ANY COSTS ARISING FROM THE USER'S OR OTHER
THIRD PARTY USER'S USE OF MATERIALS FROM THE WEBSITE WHICH RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF ANY EQUIPMENT OR DATA OWNED BY THE USER, RESPONDENT OR ANY THIRD-PARTY.
- Governing Law. The terms of this Agreement and User's use of this Website and all other matters related hereto
shall be governed, construed and interpreted by the laws of the State of New Jersey, excluding its conflict-of-laws
rules. The parties agree that the only jurisdiction and venue for any disputes hereunder shall be in a federal or
state court located in New Jersey.