EPS Online Orton-Gillingham Introductory Course User Agreement
Last updated October 27, 2004.

EPS Online Orton-Gillingham Introductory Course (training.epsbooks.com) is an electronic delivery service from Educator’s Publishing Service, Inc. Through training.epsbooks.com, EPS makes available teaching materials to its authorized users and subscribers (the “Service”). By completing the registration process, clicking on the User Agreement acceptance "button" and using training.epsbooks.com, you are indicating that you are 18 years old or older, and agree to be bound by all of the terms in this User Agreement (“UA”). You may print and keep a copy of this UA. EPS may change the terms in this UA. When the terms are changed, EPS will notify you by e-mail or online postings. The changes also will appear in this document, which you can access at any time at http://www.training.epsbooks.com/help/user_agreement.html. If any of these changes are unacceptable, you may terminate your subscription as described below under "Term and Termination." Use of training.epsbooks.com following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the Subscriber.

Privacy of Information
Please review our Privacy Policy at http://training.epsbooks.com.com/privacy/ to understand how we collect and use information about you.

Service
You are responsible for obtaining access to the Service and that access may involve third-party fees (such as internet service provider or airtime charges). You understand and agree that the Service is provided “AS-IS” and “WHEN AVAILABLE”. You understand that content is provided by EPS’s licensors, who have sole responsibility for the content. This means that EPS is not responsible for content that you print or download. Should you upload content or transmit content to third parties using the Service, you are entirely responsible for such content. EPS shall not be liable in any way for any content, including but not limited to any errors or omissions in any content, or for loss or damage of any kind incurred as a result of the use of content posted, e-mailed, transmitted, uploaded, downloaded or otherwise made available via the Service. EPS in its sole discretion shall have the right to remove any content at any time for any reason, including content that violates this UA or is otherwise objectionable or violates of the rights of others.

EPS reserves the right at any time and from time to time, in its sole discretion, to change, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EPS shall not be liable to you or to any third-party for any change, modification, suspension or discontinuance of the Service.

Term and Termination
This UA will continue to apply to you until your subscription is terminated by either EPS or you.

You agree that EPS, in its sole discretion, may terminate your username, password, account (or any part thereof) subscription or use of the Service, and remove and discard any content within the Service, for any reason, including but not limited to lack of use or if EPS believes you have violated or acted inconsistently with this UA.

Registration
As part of the registration process, you must select a username and password and provide EPS with true, accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access. The username and password that you are assigned is for your use only. You may not distribute or share your username and password to another individual or entity without the express written permission of EPS. You accept responsibility for maintaining the confidentiality of your username and password, restricting access to your computer and for activities that occur under your username and password.

Notices
Notices sent by us to you at your address (including but not limited to electronic mail address) as reflected in information on file with us shall constitute notice to you.

Fees and Payments
You can always find the current Subscription Fees and charges posted in the Help Section, under Subscription Information. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card (or other payment method) designated during the registration process for training.epsbooks.com or subsequently designated to EPS, at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your username and password for training.epsbooks.com (including but not limited to any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. EPS may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your username and password will be billed to the credit card (or other payment method) designated during the registration process for training.epsbooks.com or subsequently designated to EPS. If you want to designate a different credit card (or other payment method) or there is a change in credit card validity or expiration date, or if you believe someone has accessed training.epsbooks.com using your username and password without your authorization, you must call EPS Customer Service at the telephone numbers posted at Help. You also are responsible for any fees or charges incurred to access training.epsbooks.com through an Internet access provider or other third party service. YOU, AND NOT EPS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

If EPS and you or your employer have manually signed a paper version of a User Agreement governing your access to and use of training.epsbooks.com, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.

Copyright and Limitations on Use
Only one individual may access training.epsbooks.com at the same time using the same username or password, unless agreed to otherwise by EPS. You acknowledge and agree that the Service, and any necessary software used in connection with the Service and any content available through training.epsbooks.com contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content provided by EPS’s licensors is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Content received through training.epsbooks.com may be displayed and printed for your lawful professional use only. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, rent, lease, publish, broadcast, circulate or create derivative works based on the Service, any content or software, in whole or in part, including but not limited to others in the same company or organization, except as stipulated in this UA. EPS grants you a personal, non-transferable and non-exclusive right and license to make personal use of training.epsbooks.com and not to download or modify any portion of it (other than content pages permitted to be printed as part of the Service). This license does not include any resale or commercial use of training.epsbooks.com or its contents.

Indemnity
You agree to indemnity and hold EPS, and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from and against any and all claims, demands, causes of action, losses, damages, costs or expenses (including but not limited to reasonable attorneys’ fees), due to or arising out of any content you upload or transmit or make available through the Service, your use of the Service, your use of content of the Service, your connection to the Service, your violation of this UA or your violation of any rights of another.

Disclaimer or Warranties and Liability
Due to the number of sources from which content in training.epsbooks.com is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and training.epsbooks.com. EPS AND ITS AFFILIATES, AGENTS AND LICENSERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE SERVICE OR ITS CONTENT, OR THEIR ACCURACY, COMPLETENESS, CURRENTNESS, OR NONINFRINGEMENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER EPS NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, RESULTING DIRECTLY FROM THE CONTENTS OR THE USE OF THE SERVICE, WHETHER CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT OR OTHERWISE. IN NO EVENT WILL EPS, ITS AFFILIATES, AGENTS OR LICENSERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SERVICE. EPS AND ITS AFFILIATES, AGENTS AND LICENSERS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, SPECIAL, PENAL, EXEMPLARY, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EPS, ITS AFFILIATES, AGENTS AND LICENSERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH TRAINING.EPSBOOKS.COM OR THE CONTENT IN TRAINING.EPSBOOKS.COM SHALL NOT EXCEED THE AMOUNT YOU PAID TO EPS FOR THE USE OF training.epsbooks.COM IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You are responsible for all statements made and acts or omissions that occur while your password is being used. You may not use training.epsbooks.com for any unlawful purpose. EPS may refuse to grant you a username or password for any reason, including one that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive or unlawful, as determined by EPS.

EPS may discontinue or change training.epsbooks.com, or its availability to you, at any time, and you may always terminate your subscription at any time.

General
This Agreement constitutes the entire agreement between the parties relating to the EPS service and supersedes any and all other agreements, oral or in writing, with respect to the EPS service. The failure of EPS to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts, without regard to its conflict of law principles, as if the Agreement was a contract wholly entered into and wholly performed within the Commonwealth of Massachusetts. You and EPS agree to submit to the personal and exclusive jurisdiction of the courts located within Middlesex County, Massachusetts. You and EPS waive trial by jury. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to the use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.

I HAVE READ AND UNDERSTAND THIS USER AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS. BY COMPLETING THE REGISTRATION PROCESS, CLICKING ON THE USER AGREEMENT ACCEPTANCE "BUTTON" AND USING TRAINING.EPSBOOKS.COM, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS IN THIS SUBSCRIBER AGREEMENT.