NOTICE TO USER: Terms of Use:
Creative Mathematics with Literacy, STEM and Arts Texas Edition - Grades K-8, Creative Science with Literacy, STEM and Arts Texas Edition - Grades K-8, TPS Forensic Science, High School.
We do hope you enjoy using this digital version for your review of our submitted program.
INSTRUCTIONS:
If you have any problems please email help@tpspublishing.com and we will be happy to assist you. We have tried our very best to ensure access is easy for you and we have made navigation as straight forward as possible.
LICENCE
Hopefully our license is also clear and concise.
The user license is granted to the nominated reviewers appointed by the State and is for review purposes only.
The nominated reviewers from your State is then granted permission to use the digital version for detailed review to reach a decision to report to the State.
Permission is not granted to make unlicensed copies, retain a copy of content, redirect content to a third party or use the contents in any way whatsoever outside of the requirements as a reviewer for State adoption.
The files presented include those where content belongs to our partner companies and all terms of the license apply to all such files as well as content belonging to TPS Publishing Inc.
For clarity; each school will need to purchase their own site copy for daily use.
PLEASE READ THIS CONTRACT CAREFULLY. THE MATERIALS OFFERED THROUGH OR IN ASSOCIATION WITH THIS DIGITAL VERSION ARE OFFERED TO YOU SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE DIGITAL VERSION YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR, THE LIMITATIONS ON USE, LIABILITY AND WARRANTY SET FORTH BELOW.
1. USE OF SERVICES. You will not use the CD-ROM, including any and or all Materials, for any unlawful purpose, or in any manner or for any purpose which is prohibited by these Terms of Use. In using the CD-ROM, including the Materials, you will not: (a) disrupt or interfere with any other user's enjoyment of such materials, (b) create a false identity, (d) use or attempt to use another's account, or system without authorization from TPS PUBLISHING INC, (c) access or attempt to access any content which you are not authorized to access.
2. NO WARRANTY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TPS PUBLISHING INC AND EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE CD ROM, AND ALL MATERIALS OFFERED THROUGH OR IN ASSOCIATION WITH THE CD ROM, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TPS PUBLISHING INC AND ITS SUPPLIERS MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS OR THE SERVICES AND MATERIALS WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN ANY SOFTWARE OBTAINED FROM OR USED THROUGH THE SERVICES AND MATERIALS, OR ANY DEFECTS IN THE SERVICES AND MATERIALS, WILL BE CORRECTED
3. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL TPS PUBLISHING INC, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT TPS PUBLISHING INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE MATERIALS.
4. INDEMNITY AND LIABILITY. You agree to indemnify and hold TPS PUBLISHING INC, other partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) use of the materials, (b) your violation of these Terms of Use or the TPS PUBLISHING INC.com Terms of Use or (c) your violation of any law, rule or regulation or the rights of any other person or entity.
5. GOVERNING LAW AND JURISDICTION. These Terms of Use will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California if a license to the TPS PUBLISHING INC software in which the materials is included (the "Software") is agreed for review for adoption and or purchased when you are in the United States and in any other jurisdiction not described above. These Terms of Use will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded
6. GENERAL. These Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the TPS Publishing Inc Web Site constitute the entire agreement between TPS Publishing Inc and you with respect to your use of the materials, and supercede any prior representations, discussions, undertakings, communications or advertising relating thereto. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of these Terms of Use will continue in full force and effect. Any failure by TPS Publishing Inc to enforce or exercise any provision of these Terms of Use or related right will not constitute a waiver of that right or provision. The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms of Use is intended to be, or will be construed as, altering, revising, modifying or otherwise amending any agreement, arrangement or understanding between you and TPS Publishing Inc. The Materials, including, without limitation, the end-user license agreement governing your use of the Software. These Terms of Use will not prejudice the statutory rights of any party dealing as a consumer.