Terms and Conditions of Use
Welcome to WizardTM.com (Wizard Test Maker Online ™). This Service is provided by
Eduware Inc (“Eduware”) an educational software company founded by a high school
science teacher. Eduware provides its Services of WizardTM.com subject to the following
Terms of Service ("TOS"), which may be updated from time to time without notice
to you. You can review the most current version of our TOS at any time through WizardTM.com.
Eduware may offer other Services from time to time, such as the Eduware Store™ that
may be governed by different Terms of Service. By accessing, browsing, and using
the Eduware Services, you accept, without limitation or qualification, these TOS.
If you do not wish to be bound by these TOS, you may not access or use the Eduware
Services.
1. Eduware Services
Through WizardTM.com Eduware provides an exam creation Service for teachers to construct
hard copy tests as Adobe™.pdf files to be downloaded, printed, photocopied and administered
to their students in a classroom setting. Wizard Test Maker Online™ is a World Wide
Web Application requiring no download and installation of files to the clients computer.
Eduware may add additional features to the current Services, change or eliminate
features, change nomenclature, and make other changes at any time which will be
subject to these TOS. In order to use the Services, you must obtain access to the
World Wide Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web, including
a computer and modem or other access device. You understand and agree that the Services
may include advertisements that are necessary for Eduware to provide its Services.
You also understand and agree that the Services may include certain communications
form Eduware, including service announcements and administrative messages, and that
these communications are considered part of your registration, and you will not
be able to opt out of receiving them. You may opt out of communications through
your personal email. Initially Eduware offers its test creation services on a free
40day or 40 pages (whichever comes first) trial basis, and thereafter as a registered,
paid service. IF YOU CHOOSE NOT TO REGISTER AFTER THE TRIAL PERIOD HAS ENDED AND
YO DO NOT REQUEST AN EXTENSION, EDUWARE WILL DISABLE OR DELETE YOUR ACCOUNT.
2. Privacy Policy
Eduware respects your right to privacy when using the internet. Please take the
opportunity to review our
PRIVACY POLICY.
3. Registration Obligations
In consideration of your use of the Services of WizardTM.com, you agree to (a) provide
true, accurate, current and complete information about yourself as prompted by the
registration form (such information being "Personal Information"), and (b) maintain
and promptly update “My Account” to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete,
or Eduware has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Eduware has the right to suspend or terminate your account
and refuse any and all current or future use of the Services, or any portion thereof.
To use the Services, you will need to register through the WizardTM.com website
and obtain an account with a username and password. The information you provide
Eduware during the registration process will help us in offering content, customer
service, and network management. You are solely responsible for maintaining the
confidentiality of your account username and password. Furthermore, you are responsible
for all activities associated with your account. You must immediately notify Eduware
of any unauthorized use of your account. Eduware cannot and will not be responsible
for any loss or damage arising from your failure to comply with this section. You
may not transfer your account to another person. If it is believed that your account
is being used by other users and Eduware has reasonable grounds to suspect this
then Eduware has the right to suspend or terminate your account and refuse any and
all current or future use of the Services, or any portion thereof.
4. User Content
Any information uploaded or otherwise made available ("User Content") into WizardTM.com
including but not limited to data, text, software, photographs, graphics, illustrations,
artwork, messages, names, logos, trademarks and other materials, are the sole responsibility
of the person from which such User Content originated. By uploading or otherwise
making available any User Content, you automatically grant and/or warrant that the
owner has granted Eduware Inc. the perpetual royalty-free, non-exclusive right and
license to use, reproduce, modify, publish, distribute, perform, display, and transmit
the User Content. You also permit any other user of Wizard Test Maker Online™ subject
to your restrictions as well as any restrictions of Eduware Inc, to access, view,
store, and reproduce the User Content to the same extent permitted herein.
5. Copyright
You acknowledge that Eduware Inc websites and any underlying technology used in
connection with www.WizardTM.com, or the Eduware Inc websites and Services, and
all software, material, information, communications, text, graphics, links, electronic
art, photos, and other data (collectively, the "Content") available within the Eduware
Inc websites are provided Eduware Inc and are the copyrighted works of Eduware Inc.
Except as expressly authorized by Eduware Inc in this TOS, you may not copy, reproduce,
publish, distribute, modify, create derivative works of, rent, lease, sell, transfer,
display, transmit, compile or collect in a database, or in any manner commercially
exploit any part of the Content or the Services, in whole or in part. You may not
store any significant portion of any Content or the Services owned by, or licensed
to Eduware Inc in any form, whether archival files, computer-readable files, or
any other medium. You also may not "mirror" any Content or the Services on any other
server. You may download and print a reasonable number of copies of Content for
noncommercial, personal or educational use only; provided that (i) any permitted
copies of Content contain, in an unmodified form, any copyright or other proprietary
rights notices contained in the Content and an original source attribution to Eduware
and the applicable URL, and (ii) no modifications of any of the Content are made
except as may be expressly provided by Eduware Inc or the third-party provider on
the Web page containing the applicable Content. You acknowledge that Eduware Inc
and/or third-party providers remain the owners of the Content and that you do not
acquire any intellectual property rights in such Content by downloading or printing
the Content.
6. Links
Some links on the Eduware websites lead to sites posted by independent site owners.
Because Eduware has no control over these sites, Eduware is not responsible for
such sites' accessibility via the Internet and does not endorse products, services,
or information provided by such sites. As such, Eduware shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with, use or reliance on any User or other Content, goods,
or services available on or through any other site. Further, the inclusion of these
links does not imply that the other sites have given permission for inclusion of
these links, or that there is any relationship between Eduware and the linked sites.
Eduware is an independent operating company and reference to other companies do
not imply any partnership, joint venture, or other legal connection where Eduware
would be responsible for the actions of their respective owners.
7. Member Conduct
You understand that all Content, including without limitation, all information,
data, text, software, music, sound, photographs, graphics, video, messages, or other
materials, whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. Eduware Inc. does not control
Content posted via the Service and, as such, does not guarantee the validity of
such Content. You also understand that by using the Service, you may be exposed
to Content that is offensive, indecent, or objectionable. Should Content be found
or reported to be in violation with, but not limited to, the following terms, it
will be Eduware Inc sole discretion as to what action should be taken. If Eduware
Inc. determines, in its sole and absolute discretion, that any user is in violation
of the TOS, Eduware Inc. retains the right to terminate such user's account at any
time without prior notice. You acknowledge that Eduware does not pre-screen User
Content, but that Eduware shall have the right (but not the obligation) in its sole
discretion to refuse or move any User Content. Without limiting the foregoing, Eduware
has the right to remove any User Content that violates the TOS or is otherwise objectionable.
You agree and acknowledge that Eduware may preserve User Content and may disclose
User Content if required to do so by law or in the good faith belief that any such
preservation or disclosure is reasonably necessary to comply with legal process,
enforce the TOS, respond claims that any User Content violates the rights of third
parties or protect the rights, property or personal safety of Eduware, its users
and the public.
8. Disclaimer of Warranty
YOU AGREE THAT YOUR ACCESS TO THE EDUWARE WEBSITES, INCLUDING WIZARDTM.COM, AND
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER EDUWARE, NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR
CONTENT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM EDUWARE INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS. EDUWARE SERVICES ARE PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT
WILL EDUWARE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES (EVEN IF EDUWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT OF YOUR USE OF OR INABILITY TO ACCESS EDUWARE WEBSITES OR USE THE SERVICES,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL,
LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS
OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO EDUWARE'S RECORDS, PROGRAMS, OR SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES EDUWARE'S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY
RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL
INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF EDUWARE.
9. Indemnification
You agree to indemnify and hold Eduware, and its affiliates, officers, agents, partners,
and employees, harmless from any claim or demand, including reasonable attorney's
fees, made by any third party due to or arising out of User Content you submit,
post to, email, or otherwise transmit through the Services, your use of the Services,
your connection to the Services, or your breach of the TOS.
10. Trademark Notice
Eduware Inc., the Eduware logo, other Eduware corporation logos and product and
service names and the Wizard Test Maker Online are trademarks of Eduware Inc.
11. Modifications to the Service
Eduware reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Eduware websites, the Eduware Services (or any part
thereof) with or without notice. You agree that Eduware will not be liable to you
or to any third party for any modification, suspension, or discontinuance of the
Services.
12. Termination
You may discontinue your participation in and access to the Services at any time.
The TOS will continue to apply to all past use of the Services by you, even if you
are no longer using them. You acknowledge and agree that Eduware and its affiliates
may terminate or block your use of all or part of the Services and Eduware websites
without prior notice for any reason, including, without limitation, if Eduware believes
you have engaged in conduct prohibited by this TOS. You agree that upon termination
or discontinuance for any reason, we may delete all information related to you on
the Services and may bar your access to the Eduware websites and use of the Services.
13. General
By accessing the Eduware websites, you agree to the above stated TOS. This Agreement
is entered into in the State of New York and shall be construed in accordance with
the laws of the State of New York, exclusive of its choice of law rules. Each party
to this TOS submits to the exclusive jurisdiction of the state and federal courts
having jurisdiction in the State of New York, and waives any jurisdictional, venue,
or inconvenient forum objections to such courts. In any action to enforce this TOS,
the prevailing party will be entitled to costs and attorney fees. In the event that
any provisions of this TOS are held to be unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary so that this TOS shall otherwise
remain in full force and effect. This TOS and any posted guidelines or rules applicable
to certain services within WizardTM.com constitutes the entire understanding between
the parties pertaining to the subject matter hereof, and any prior written or oral
agreements between the parties are expressly canceled. Please report any violations
of the TOS to support@Eduware.com.