Thank you for your interest in our products and services. Before you use our apps, you must agree to our policies. You'll be invited to agree to these terms when you use the apps for the first time.
Terms and Conditions
THIS LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERN YOUR USE OF THE OPPORTUNITY EDUCATION NEXT GENERATION LEARNING QUEST APPLICATION SERVICES. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICES. THIS LEGAL AGREEMENT BETWEEN YOU AND OPPORTUNITY EDUCATION FOUNDATION (“OE”) GOVERNS YOUR USE OF THE QUEST! APPLICATION SERVICE (“SERVICE”).
1. Quest Application Service. OE is the provider of the Service, which permits you to access, purchase or rent digital content (“Quests”) for end user use only pursuant to the terms and conditions set for in this Agreement.
2. Requirements for Use of the Service.
a. Only persons age 13 years or older can create user accounts. User accounts for persons under 13 years old can be created by a parent or legal guardian. Children under the age of majority should review this Agreement with their parent or legal guardian to ensure that the child and parent or legal guardian understand it.
b. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Service and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
3. Your Account.
a. All registered users of the Service must establish an account (“Account”). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify OE of any security breach of your Account. OE shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that OE may store and use the Registration Data you provide for use in maintaining and, if applicable, billing fees to your Account.
4. Service and Your Use of the Service.
a. Subject to the terms and conditions of this Agreement, you are granted a limited, non-transferable, non-exclusive license to install and use the Service on any compatible device that you own or control. You may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service.
b. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Service software or any services provided by OE, or any part thereof.
c. You agree to use the Service in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Service. d.You agree that OE and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information. OE and its partners and licensees may provide certain services through the Service that rely upon location information. To provide and improve these services, where available, OE and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your device on which the Service is used, and you hereby agree and consent to OE’s and its partners' and licensors' collection, use, transmission, processing and maintenance of such location data to provide such services.
5. Content and Your Use of Content.
b. You agree that the Service, including certain Quests, may include security technology that limits your use of Service, and that, whether or not the Service is limited by security technology, you shall use the Service in compliance with the applicable usage rules established by OE and its licensors (“Usage Rules”), and that any other use of the Services may constitute a copyright infringement. Any security technology is an inseparable part of the Services. OE reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by OE for compliance purposes, and OE reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is provided by OE for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
c. OE reserves the right to change content options (including eligibility for particular features) without notice.
d. Usage Rules:
- You shall be authorized to use the Service, including but not limited to Quests and any other content provided in connection with the Service, only for personal, noncommercial use.
- You shall be able to store Quests and other content provided in connection with the Service from a single Account on a compatible device, provided that each device may sync to the Service with only a single Account at a time.
- You shall not be entitled to reproduce Quests or other content provided in connection with the Service.
e. Certain content, Quests, and services available via the Service may include materials from third parties. OE may provide links to third-party websites as a convenience to you. You agree that OE is not responsible for examining or evaluating the content or accuracy and OE does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that OE is not in any way responsible for any such use by you.
f. You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and OE shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
6. Submissions to OE. The Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Service. You hereby grant OE a worldwide, royalty free, nonexclusive license to use such materials as part of the Service or in relation to the Quests, without any compensation or obligation to you. OE reserves the right not to post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
8. Intellectual Property.
a. You agree that the Service, including but not limited to Quests, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by OE and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
b. Notwithstanding any other provision of this Agreement, OE and its licensors reserve the right to change, suspend, remove, or disable access to any Quests or other materials comprising a part of the Service at any time without notice. In no event will OE be liable for making these changes. OE may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by OE and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. “Opportunity Education,” the OE logo, “Next Generation Learning,” and other OE trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Opportunity Education Foundation in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
a. If you fail, or OE suspects that you have failed, to comply with any of the provisions of this Agreement, OE, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) preclude access to the Service (or any part thereof).
b. OE reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and OE will not be liable to you or to any third party should it exercise such rights.
10. Disclaimer of Warranties; Liability Limitation. OE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME OE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY OE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN NO CASE SHALL OE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ITUNES SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.OE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND OE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.OE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND OE DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY QUESTS ACQUIRED THROUGH THE SERVICE.
11. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD OE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY OE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM OE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
12. Changes. OE reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
a. This Agreement constitutes the entire agreement between you and OE and governs your use of the Service, superseding any prior agreements between you and OE. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. OE’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. OE will not be responsible for failures to fulfill any obligations due to causes beyond its control.
b. The Service is operated by OE from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by Nebraska law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with OE or relating in any way to your use of the Service resides in the courts in the State of Nebraska. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Nebraska upon electronic transmission to the recipient. No OE employee or agent has the authority to vary this Agreement.
c. OE may notify you with respect to the Service by sending an email message to your Account email address, or by a posting on the Service. Notices shall become effective immediately.
d. OE reserves the right to take steps OE believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that OE has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement.