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Terms of Use
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By accessing any part(s) of ecslearningsystems.com, testsmart.com, and novelunits.com (referred to herein as “the Sites,” “we," “our,” “us,” “brand(s),” or “these Sites”) you agree to the below Terms of Use. If you do not agree with these terms, please do not use these Sites.

Copyright, Trademarks, & Restrictions
© 1999-2016, ECS Learning Systems, Inc. & Novel Units, Inc. All rights reserved.
ecslearningsystems.com, testsmart.com, novelunits.com (the “Sites”), SMARTcookie Community, the Novel Units logo, and related marks are trademarks of ECS Learning Systems, Inc. and/or Novel Units, Inc. Novel Units is a registered trademark of Novel Units, Inc. All materials (“Materials”) on the Sites, including, but not limited to, images, illustrations, content, and file downloads, are protected by copyrights owned by ECS Learning Systems, Inc. and/or Novel Units, Inc. Reproduction, transmission, distribution, posting, uploading, storing, or republication of Materials from the Sites, in whole or in part, in any form or medium (i.e., electronic, mechanical, photocopying, recording, or otherwise) without express written permission of ECS Learning Systems, Inc. and/or Novel Units, Inc. is strictly prohibited.

TestSMART® and TAKS MASTER® are registered trademarks of ECS Learning Systems, Inc. Brown Bag Science, Bryan House Publishers, Check-Yourself FLIP-OVERS, and Once Upon a Time are trademarks of ECS Learning Systems, Inc. Other trademarks and trade names may be used on these Sites to refer to entities who claim the marks and names of their products.

Reprint Rights
Reproduction of worksheets/handouts and other materials from the SMARTcookie Community Digital Content Library for use in the classroom and not for commercial sale is permissible. Reproduction of these materials for an entire school, or for a school system, is strictly prohibited. A teacher must individually obtain materials by accessing the digital content from these Sites. Reproduction, transmission, distribution, posting, uploading, storing, or republication of the materials, in whole or in part, in any form or medium (i.e., electronic, mechanical, photocopying, recording, or otherwise) without prior written permission from ECS Learning Systems, Inc. and Novel Units, Inc. is strictly prohibited, with exceptions named previously.

Terms of Use Modifications
ECS Learning Systems, Inc., Novel Units, Inc., and affiliated companies reserve the right, in their sole discretion, to modify these Terms of Use at any time. If our Terms of Use change, we will post an updated policy on our Sites. You can tell if the policy has changed by checking the revision date that appears at the end of this policy. By continuing to use these Sites following the posting of modifications to the policy, you accept those changes.

Use of IP Addresses
Your computer is automatically assigned a number when you are browsing the Internet. This number is called an IP address, and it is used by Web servers to identify your computer.

The Sites collect IP addresses for audits of site usage. Our server logs a user IP address when you request a page from our Sites or when you volunteer information (e.g., survey information). The tracking of IP addresses provides us with aggregate information about our users, such as the most-frequented pages. We use only aggregate information to continue to provide quality online services that meet the needs of our users, and not to track a specific IP address to identify an individual user. However, we may use such information to identify a user if we feel that there are or may be safety and/or security issues or to comply with legal requirements.

IP addresses are not linked to personal information unless the personal information is provided by you through participation in a poll, a catalog request, or other voluntary submission.

Forums
The customer forums hosted on ecslearningsystems.com, testsmart.com, and novelunits.com (referred to herein as "our forums") are powered by phpBB (referred to herein as "they," "them," "their," "phpBB software," "www.phpbb.com," "phpBB Group," or "phpBB Teams") which is a bulletin board solution released under the "General Public License" (referred to herein as "GPL") and can be downloaded from www.phpbb.com. The phpBB software only facilitates Internet-based discussions, the phpBB Group is not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com.
 
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated, or any other material that may violate any laws be it of your country, the country where ECS Learning Systems, Inc. is hosted, or International Law. Improper or illegal conduct may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that ECS Learning Systems, Inc. has the right to remove, edit, move, or close any topic at any time should we see fit. As a user, you agree to let ECS Learning Systems, Inc. and phpBB store any information you enter in a database. While this information will not be disclosed to any third party without your consent, neither ECS Learning Systems, Inc. nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.
 
This policy explains in detail how ECS Learning Systems, Inc. and phpBB use any information collected during any session of usage by you (referred to herein as "your information").
 
Your information is collected via two ways. First, when you browse the forums of ecslearningsystems.com, testsmart.com, or novelunits.com, the phpBB software will create a number of cookies, which are small text files that are downloaded on to your computer's Web browser temporary files. The first two cookies just contain a user identifier (referred to herein as "user-id") and an anonymous session identifier (referred to herein as "session-id"), automatically assigned to you by the phpBB software. A third cookie will be created once you have browsed topics within our forums and is used to store which topics have been read, thereby improving your user experience.
 
We may also create cookies external to the phpBB software when you are browsing our forums, as explained in the "Cookies" section of our Privacy Policy. The second way in which we collect your information is through your submissions submit to us. This can be, and is not limited to: posting as an anonymous user (referred to herein as "anonymous posts"), registering on our forums (referred to herein as "your account"), and posts submitted by you after registration and while logged in (referred to herein as "your posts").
 
At a minimum, your account will contain a uniquely identifiable name (referred to herein as "your user name"), a personal password used for logging in to your account (referred to herein as "your password"), and a personal, valid e-mail address (referred to herein as "your e-mail"). Your information for your account with our forums is protected by data-protection laws applicable in the country that hosts us. At our discretion, other information beyond your user name, your password, and your e-mail may be required or optional during the registration process. In all cases, you have the option of what information in your account is publicly displayed. Furthermore, within your account, you have the option to opt-in or opt-out of automatically generated e-mails from the phpBB software.
 
Your password is ciphered (a one-way hash), so that it is secure. However, it is recommended that you do not reuse the same password across a number of different Web sites. Your password is the means of accessing your account on our forums, so please guard it carefully. Under no circumstance will anyone affiliated with ecslearningsystems.com, testsmart.com, novelunits.com, phpBB, or another third party legitimately ask you for your password. Should you forget your password for your account, you can use the "I forgot my password" feature provided by the phpBB software. This process will ask you to submit your user name and your e-mail; then the phpBB software will generate a new password to reclaim your account.

Children’s Guidelines
ECS Learning Systems, Inc. and Novel Units, Inc. are concerned about the privacy and safety of children when they use the Internet. We will never knowingly request personally identifiable information online from anyone under the age of 18 without prior verifiable parental consent. We encourage parent/guardian(s) of children under 18 years of age to supervise time spent online.

Occasionally, we post activities on the Sites that children can participate in and enjoy. For those activities that require personally identifiable information, such as contests and surveys, in compliance with the Federal Trade Commission’s Children’s Online Privacy Protection Act, the Sites will not condition a child’s participation in an activity on that child disclosing more personally identifiable information than is reasonably necessary to administer the activity. For certain online activities, we may require verifiable parental consent before children under the age of 18 may submit and/or post any information at ecslearningsystems.com, testsmart.com, or novelunits.com. With these activities, we will notify the respective parent of our Privacy Policy and obtain verifiable parental consent before collecting personally identifiable information from the child, unless we collect only the child’s name and online contact information to: (1) obtain parental consent or provide parents with notice; (2) respond directly on a one-time basis to a child’s specific request; (3) respond more than once to a child’s specific request along with providing parental notice of such use; (4) protect the safety of a child; or (5) comply with legal requirements. When we provide parents with notice and/or seek consent, we also give parents the ability to let us know if they do not want any further use made of the personally identifiable information we have collected from their child. Parents can request to review or have deleted their child’s personally identifiable information from our records, and refuse to permit further use of a child’s personally identifiable information by writing to us at: ECS Learning Systems, Inc., P.O. Box 440, Bulverde, TX 78163-0440, Re: Parent’s Request for Information.

Unless we indicate otherwise and obtain prior parental consent, personally identifiable information collected from children under the age of 18 will be used solely by ECS Learning Systems, Inc. or Novel Units, Inc. or agents for internal purposes (such as contest administration and services related to the operation of our Sites) and will not be sold or otherwise transferred to third parties. If we become aware that an individual is under the age of 18 and has submitted any information to our Sites for any purpose without prior verifiable parental consent, we will delete his or her information from our files.

Information gathered from children under 18 years of age is not collected for marketing or promotional purposes, except when explicitly stated during registration for contests or promotions. Under those exceptions, the information is used solely for the specific contest or promotion. Publication of contest winners’ names requires consent from a parent/guardian for children under 18 years of age. It is our policy never to post on our Sites more than a child’s first name, first initial of last name, state, and age or grade.


Links to Other Sites
The Sites may contain links to other Web sites with which they are not necessarily affiliated. We exercise care when selecting the Web sites to which we link. However, once you leave our Sites through a link to another Web site, you are subject to the privacy policy of the linked site. We are not responsible for the content or practices of any linked site. We recommend that you review the privacy policy of any site that you access through our Sites.

Disclaimers and Limitations on Liability
The Sites and all Materials contained on them are transmitted and distributed “as is” without warranties of any kind, either express or implied. ECS Learning Systems, Inc. and Novel Units, Inc. are, under no circumstances, liable for any special or consequential damages that result from use of the Sites. Applicable law may not allow for the limitation or exclusion of liability. In such cases, ECS Learning Systems, Inc. and Novel Units, Inc. total liability may not exceed the amount paid by you, if any, for accessing the Sites.

Pricing, Warranties, and Special Charges
Prices, product specifications/descriptions, and availability may change without notice.

ECS cannot be responsible for typographical errors or photography/illustrations.

All warranties are honored by the respective manufacturer.

Taxes and shipping charges are extra, may vary, and cannot be combined with other offers or discounts.

Companies
ECS Learning Systems, Inc. and Novel Units, Inc. own and operate these Sites. TestSMART is a registered trademark of ECS Learning Systems, Inc., the parent company. The TestSMART brand is owned and represented by the company ECS Learning Systems, Inc.


Last Revised: December 30, 2008


 

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