Legal

Privacy Policy for Globe Education Network Websites

Welcome and thank you for visiting this Globe Education Network (“GEN”) website. Please read this Privacy Policy (“Policy”) very carefully, which applies to all GEN websites worldwide (each, a “GEN Website,” or collectively, the “GEN Websites”). By accessing a GEN Website, you acknowledge that you have read this Policy and agree to all of its terms and conditions. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE GEN WEBSITES. We reserve the right to modify this Policy from time to time, and it is your responsibility to periodically view this GEN Website to review the current terms and conditions to which you are bound.

Privacy Generally; How Information is Collected.

GEN respects the privacy of our online visitors, and is committed to protecting and safeguarding consumer privacy on the Internet. GEN collects a variety of information to improve the manner by which we operate and offer our products and services, communicate with you about those products and services, and provide effective, timely customer support when needed. GEN collects information in several different ways:

A. Passive Collection:

When you visit a GEN Website, GEN may collect and store information such as your Internet service provider, Internet protocol address, browser type, computer operating system, as well as the links you use to reach the GEN Website, the date and time of your visit, the pages you view on the GEN Website, and user-specific information on the pages you access. We may use this information to improve user experience, to aid in diagnosis of website problems and for other statistical purposes.

In order to help us customize content to your interests, we may also use available Internet technologies, such as “cookies” or other tracking mechanisms. Cookies are used by many websites, and are small text files that are saved to your computer when you visit a website. When you visit that website again, the cookie allows that website to recognize your browser and customize your experience. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. If you choose not to accept cookies, some features or services of certain websites may not function properly. Visit your browser’s help pages for more information.

B. Collection of User-Provided Information:

While visiting a GEN Website, you may choose to provide personal information to us in order to receive information about GEN, its locations, programs or services. GEN may collect personal information by asking you to complete an online information form for purposes of contacting or requesting information from GEN, or applying for GEN programs or services. Personal information collected may include, but is not limited to, your name, age, mailing address, city, state, zip code, e-mail address, telephone numbers, U.S. military affiliation and potential campus choice.

You may also choose to provide personal information to GEN in the process of filling out an online application for employment with GEN. This information may include, but is not limited to, your name, mailing address, city, state, zip code, e-mail address, U.S. military affiliation, telephone number, employment history, and list of references. By providing your personal information online, you consent to allow GEN to use that information in accordance with this Policy. Applicants for employment with GEN are required to respond to all questions on our application forms. Applicants may be asked about their ethnicity. Applicants are NOT required to provide information regarding ethnicity. Providing information regarding ethnicity is optional and choosing a particular answer or choosing not to provide this information will not affect the outcome of the application for employment.

Globe Education Network Use of Collected Information.

We use the information we gather to help us improve our GEN Websites and our services, and to protect against fraud and misuses of our services. Occasionally we may communicate with you regarding administrative notices, special offerings and upgrades to our services. If you provide personal information to GEN, you agree that GEN may use that information to send you news and information about our schools, our programs and services, or career opportunities that may be of interest to you, and may be sent in various forms, including electronically or by postal mail.

Once you have provided personal information to GEN, we may store, maintain and use this information indefinitely, unless you opt-out of further use of your personal information, by contacting us in writing at the address below or by following an unsubscribe process included in our ongoing communications.

Transfer to the United States.

If you are located outside of the United States, the personal information you provide to GEN will be transferred to and stored on servers in the United States. By submitting your personal information via a GEN Website, you consent to this transfer.

Any material, content or information collected by us or sent through a GEN Website by you will be treated as non-confidential and non-proprietary, and will immediately become the property of GEN to be used at our discretion in accordance with this Policy.

Sharing of Personal Information to Third Parties.

GEN does not sell, rent or lease the personal information of GEN Website users to third parties. GEN may share data with trusted partners to help us perform statistical analysis, order fulfillment and/or to send you e-mail or postal mail on behalf of GEN and its locations, programs or services. In addition, GEN may share your personal information with its affiliates and companies we hire to perform support services for us, such as web hosting, credit card processing and order fulfillment. All such third parties are prohibited from using your personal information except to provide these services to GEN and are required to maintain the confidentiality of your personal information.

Other than as set forth above, GEN will disclose users’ personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to applicable laws or comply with legal process served on GEN or its locations; (b) protect and defend the rights and property of GEN; or (c) act under exigent circumstances to protect the personal safety of users, employees, or students of GEN, or the safety of the public.

If there is a change of control in a GEN business, the user databases associated with the GEN Websites could be sold as part of a merger or sale transaction and your personal information may be used by the purchaser. If requested as part of a legal proceeding, we will provide personally identifiable information to the appropriate governmental authorities upon receipt of the appropriate documentation.

Third Party Links and Services.

This GEN Website may include links to other websites. GEN does not review, control, warrant or endorse these websites or their owners, products or services. GEN is not responsible for the content of these websites and makes no representation or guarantee that their content is accurate or reliable. Linked websites are not subject to this Policy and we cannot be responsible for any use they may make of your personal information. Your use of any third party website or service is on your own initiative and at your own risk and may be subject to such third party’s privacy policy and/or terms of service.

Minors.

We do not knowingly request information from children under the age of 13, and we comply with the Children’s Online Privacy Protection Act (“COPPA”). No one under the age of 18 should submit any personal information to the GEN Websites, or any other website without the consent of a parent or guardian. For more information about protecting the privacy and safety of minors online, we recommend you visit the Federal Trade Commission and TRUSTe websites. We urge parents to regularly monitor and supervise their children’s online activities.

Right to Opt-Out; Accessing Your Personally Identifiable Information.

At any time, you may choose to opt-out from receiving materials from GEN. You can opt-out of receiving materials by clicking on an opt-out or unsubscribe link provided at the bottom of electronically sent materials, or by contacting GEN in writing at the following address:

Benchmark Learning

Attn: Marketing Department -- PRIVACY

4510 West 77th Street, Suite 210

Edina, MN 55435

- OR -

e-mail to training@benchmarklearning with “unsubscribe” in the subject line.

If you would like to review and/or request changes to the personally identifiable information that we have collected about you through your use of the GEN Websites, please contact us by writing or sending an e-mail to the addresses above.

Security of Personal Information; Virus Protection.

GEN is committed to protecting the security of your personal information. We use a variety of security technologies to help protect the personal information you provide to us against any unauthorized disclosure, misuse, loss or alteration. Although we make every reasonable effort to protect personal information, no method of transmitting or storing electronic data is ever completely secure, and we therefore cannot guarantee that such information will never be accessed, used or released in a manner inconsistent with this Policy. We also cannot guarantee the security of systems that are connected to the Internet or the security of information transmitted over the Internet. GEN employees are made aware of this Policy, and we limit access to personal information only to those employees with a specific need to retrieve such information. You should also take an active role in the protection of your information by keeping your passwords confidential, fully logging out of websites and exiting your Internet browser each time you finish a session.

GEN is not responsible for any electronic virus or viruses, worms, Trojan horse or other harmful or intrusive components that you may encounter through your connection to the Internet. GEN strongly suggests that you routinely scan your personal computer, diskettes or other storage media using a reliable up-to-date virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus, intrusion or exploit may corrupt data and/or destroy your software programs, files or hardware.

Legal Notice; Changes to this Privacy Policy and Terms of Use.

The GEN Websites are created and controlled by GEN in the State of Minnesota, and this Policy is governed by the laws of the State of Minnesota, without regard to any applicable conflict of laws provisions. The exclusive jurisdiction and venue concerning all disputes arising out of or relating to this Policy or use of the GEN Websites shall be Hennepin County, Minnesota. GEN reserves the right to modify or amend this Policy at any time by posting the revised Policy on this GEN Website. Any material changes in how we use or share your personal information will only affect the information we collect after the effective date of the Policy revision, unless we clearly express otherwise. By using this GEN Website after this Policy has been revised, you agree to be bound by the revisions.

California Residents' Privacy Rights.

Companies that collect personally identifiable information from California residents and disclose such information to third parties (including affiliated entities) for marketing purposes must, in response to a request by a consumer, either: (a) provide a list detailing the categories of information shared and the entities to which such information was provided; or (b) provide a mechanism by which a consumer may opt-out of having his or her information shared with Third Parties. We have elected the second option, and you may request that your personally identifiable information not be shared with third parties by sending your request, including your full name, email address and postal address, to us using the contact information above. In accordance with California law, California residents are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 1625 North Market Blvd., Suite N112, Sacramento, CA 95834; or by phone at (916) 445-1254 or (800) 952-5210; or by email to dca@dca.ca.gov.

Questions?

If you have questions, comments, or concerns regarding our Privacy Policy, please call us toll-free at (877) 655-7676.

BY USING THIS GEN WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS POLICY AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT SO AGREE, YOU MAY NOT USE THIS WEBSITE.

The Effective Date of this Privacy Policy is January 1, 2010.

This Privacy Policy was last revised January 1, 2010.

IMPORTANT – PLEASE READ:

Welcome! This website is provided by Globe Education Network (“GEN”). The following terms and conditions (“Terms of Use”) apply to your use of this and any affiliated GEN websites, and any of the information, content, features or services made available thereby (“GEN Websites and Services”). This Terms of Use constitutes a legal agreement between you and GEN.

Please carefully review this Terms of Use before using the GEN Websites and Services. By accessing, downloading or otherwise using the GEN Websites and Services, you agree to be bound by this Terms of Use, without qualification or limitation. If you do not agree to or cannot comply with this Terms of Use, DO NOT use the GEN Websites and Services. If you are dissatisfied with this Terms of Use or the GEN Websites and Services, you agree that your sole and exclusive remedy is to discontinue using the GEN Websites and Services.

Changes to this Terms of Use Agreement.

This Terms of Use is subject to change by GEN at any time in its sole discretion. Your use of the GEN Websites and Services after such changes are implemented constitutes your acknowledgement and acceptance of such changes. It is your responsibility to periodically visit this web site to review the current terms and conditions to which you are bound. If you do not accept any change, DO NOT access or use the GEN Websites and Services. Other GEN Websites and Services may have their own terms of use which apply to such GEN Websites and Services.

GEN reserves the right to make changes, update, suspend or discontinue any aspect or feature of the GEN Websites and Services at any time without notice. GEN reserves the right to terminate or restrict access to the GEN Websites and Services, or to impose limits on certain features or services, without notice or liability to you for any reason whatsoever at its sole discretion.

Additional Terms.

Certain features, products, materials, services, information or specific content contained on or available through the GEN Websites and Services, whether by GEN or any of its third party information providers, may be governed by additional terms of use and/or agreements presented in conjunction with those features (“Additional Terms”). You must agree to the Additional Terms before using those features. The Additional Terms and this Terms of Use shall apply equally. In the event of an inconsistency between any Additional Terms and the Terms of Use, the Additional Terms will supersede this Terms of Use. If you do not agree to any Additional Terms which apply to specific content or to particular transactions concluded through the GEN Websites and Services, then you may NOT use that part of the GEN Websites and Services.

Registration.

To access certain areas of the GEN Websites and Services, you may be asked to create and/or be provided an account to login and access the GEN Websites and Services. It is a condition of your use of the GEN Websites and Services that all registration details you provide are and will continue to be correct, current and complete. You agree to maintain accurate information about yourself as required by a GEN registration processes. You agree to establish and maintain reasonable measures and controls to ensure compliance with this Terms of Use and to prevent the unauthorized use of the GEN Websites and Services. You should keep any correspondence you receive relating to the GEN Websites and Services (including, but not limited to, your user ID, passwords, other registration information, e-mails or any other information) confidential and in a safe place. If others have access to your computer, user ID or password, or other personal information, they may be able to access information you have obtained from the GEN Websites and Services. You shall be fully responsible for all activities that occur by use of your password or user ID. Further, you agree not to use any other party's user ID and Password for any purpose whatsoever without proper authorization from such party. You agree to notify GEN if you learn of or suspect any loss or unauthorized use of your login information (user ID or password) at the address below. GEN is not responsible for the security of your Internet access services provider and you should review those security and privacy policies carefully.

Ownership of Intellectual Property Rights.

All content included or available through the GEN Websites and Services, including website design, text, graphics, interfaces, and the selection and arrangements thereof, is protected as the copyrights or other intellectual properties of GEN or its licensors, and is protected by law, including, but not limited to, United States copyright laws and international treaties. Except for the limited license rights expressly granted herein, GEN and its licensors retain all right, title and interest in and to the GEN Websites and Services (including, but not limited to, any images, animations, video, audio and text). All right, title and interest in and to any third party content which may be accessed through use of the GEN Websites and Services is the property of the respective content owner. This Terms of Use grants you no rights to use such third party content. Any software is licensed, not sold.

Benchmark Learning, is among the trade names, trademarks, service marks, Internet domain names and registered trademarks of GEN and its affiliates, and are protected, without limitation, by U.S. trademark laws and international treaties. They may not be used in connection with any product or service that is not provided by GEN, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits GEN or its affiliates. Other titles, logos, designs, products, services and company names displayed on the GEN Websites and Services may be the trademarks and/or service marks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners. This website’s use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with GEN.

All rights not expressly granted herein are reserved by GEN.

Limited License Grant; Permission to Print and Copy.

GEN grants you a non-exclusive, non-transferable, non-sublicenseable, revocable and limited license to access and use the applicable GEN Websites and Services, including to display, copy, distribute and download its content, only for your personal, non-commercial and lawful use (in object code form only), on a single personal computer or handheld computing device operated by you or under your control, running the operating system for which the GEN Websites and Services are designed for use in the United States. Except as may otherwise be provided, you may print, download or make copies of content from the GEN Websites and Services in unmodified form for personal, non-commercial use only. Any other use of such content, including without limitation, distribution, reproduction, modification, display or transmission without the prior written consent of GEN is strictly prohibited. This license terminates automatically if you breach this Terms of Use. To use the GEN Websites and Services, you need a recent version available of an industry standard web browser that is compatible with current secure session encryption methods. Any other use of materials on the GEN Websites and Services, including, but not limited to, reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind without prior written permission of GEN is strictly prohibited.

You may only use the GEN Websites and Services in a manner that complies with: (a) this Terms of Use; (b) any applicable GEN documentation, policies, rules and guidelines, as may be revised from time to time and posted online or otherwise provided to you; and (c) applicable laws and regulations. GEN may, at any time and without notice, prohibit access to the GEN Websites and Services to any individuals whom GEN determines are using the GEN Websites and Services in a way not permitted under this Terms of Use, who are restricting or prohibiting any other user from using or enjoying the GEN Websites and Services, or whose conduct might constitute a criminal offense, result in civil liability, or otherwise violate any applicable local, state, national or international law. GEN may monitor your use of the GEN Websites and Services to ensure compliance with this Terms of Use.

6. Restrictions

You shall not yourself, or through any affiliate, agent or third party: (a) sell, rent, lease, distribute, license, sublicense, assign or otherwise transfer (including by loan or gift) any full or partial copies of the GEN Websites and Services; (b) use the GEN Websites and Services to provide services such as timesharing, outsourcing, hosting, or processing services to third parties or otherwise use the GEN Websites and Services to function on a service bureau basis or as an application service provider; (c) remove any trademark, copyright notice, label, licensing information or other proprietary notices contained in the content made available through the GEN Websites and Services (and shall reproduce such notices on any copies of the content you make in connection with your permitted use of the GEN Websites and Services); (d) decompile, disassemble or otherwise reverse engineer the GEN Websites and Services; (e) use any robot, spider, other automatic devices or manual process to monitor or copy the GEN Websites and Services (or any portion thereof); (f) modify the GEN Websites and Services in any way or create derivative works based on the GEN Websites and Services; (g) use the GEN Websites and Services for benchmarking or performance testing; (h) use the GEN Websites and Services to infringe the copyrights or other intellectual property rights of others in any way; (i) use the GEN Websites and Services to log or otherwise collect information about other users, including without limitation, nonpublic personal data, protected health information, IP addresses, e-mail addresses and time and date of transmissions; (j) interfere with or disrupt the service, servers or network that the GEN Websites and Services connects, including without limitation, any action that imposes an unreasonable or disproportionately large load on the GEN Websites and Services or otherwise interferes with its functioning; (k) attempt to gain unauthorized access to the GEN Websites and Services or to any other GEN system or data (commonly referred to as “hacking”); (l) make any unauthorized change to any data or information supplied through the GEN Websites and Services; or (m) use the GEN Websites and Services to store, distribute or transmit any unlawful, harmful, threatening, defamatory, obscene or harassing material or information, including any computer virus or other harmful software.

You will promptly notify GEN of any unauthorized disclosure, reproduction or distribution of the GEN Websites and Services which comes to your attention or which you reasonably suspect. You agree to reasonably cooperate with GEN in any investigation and remediation of any security, unauthorized use or misuse issues arising from or related to your use of the GEN Websites and Services.

Links to Other Websites.

The GEN Websites and Services may provide links to other websites and resources that are not under the control of GEN. GEN will not be responsible in any way for the content of such other websites. GEN provides such links only as a convenience to the users of the GEN Websites and Services, and the inclusion of any link to any such websites does not imply endorsement, sponsorship or recommendation of or affiliation with the third party or its products and services by GEN. When you click on one of these linked resources, you may be moving to a third party’s website. GEN cannot control the activities of any such third party once you leave the GEN Websites and Services, and makes no representation whatsoever about any other website which you may access through the GEN Websites and Services, or any information, software or other products or materials found there, or any results that may be obtained by using them. GEN encourages you to carefully review the terms of use and privacy policies of these linked websites before you visit such websites or provide any personally identifiable information about yourself. It is up to you to ensure that whatever you select for your use is free from such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so at your own risk.

Linking to Globe Education Network Websites.

All links to GEN Webites and Services must appear as hypertext, without use of any GEN logos unless otherwise authorized by GEN (a “hyperlink” is a tool that allows an end user to be connected to a different web page or website simply by clicking on the hyperlink). Do not use a hyperlink to present work created by GEN as your own. Without the advance written consent of GEN, third parties may not hyperlink to the GEN Websites and Services, unless clear and unmistakable notice is provided to the end user that it is exiting the third-party website and entering the applicable GEN Websites and Services. Deep-linking is strictly prohibited unless approved by GEN in writing (a “deep-link” is a hyperlink that bypasses a website’s home page and brings an end user directly to an interior page – potentially missing critical privacy and terms of use policies). Do not frame any content created by GEN (framing is an alternative form of linking that allows an end user to view a linked web page within a “frame” of the original). Framing confuses and misleads the public as to the origin of the framed materials. Do not use any GEN name in the meta or alt tags of your website (such “tags” provide information about the web page which search engines use to index content and prioritize search results). Do not re-host any GEN web pages or content without written permission from GEN (“re-hosting” is displaying a copy of web pages owned by GEN which resides on your server). Re-hosting is considered to be an improper reproduction of GEN copyrighted materials.

Submissions.

Any material or information sent through or in connection with the GEN Websites and Services by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of GEN, subject to the GEN Privacy Policy http://www.benchmarklearning.com/links/privacy.aspx. GEN may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

Interactive Elements of the GEN Websites and Services.

The GEN Websites and Services may contain chat rooms, bulletin boards or other message or communications facilities (“Forums”). You agree to use any such Forums only to send and receive content that is proper and related to the particular Forum. You agree, when taking advantage of such Forums, not to do any of the following: (a) disseminate or transmit any material that may be malicious, threatening, abusive, vulgar, obscene, pornographic, defamatory, harassing or that advocates, promotes or otherwise encourages violence against any government, group, organization or individual, or which provides instruction, information or assistance in causing or carrying out such violence; (b) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property right of any third party; (c) create a false identity or otherwise attempt to mislead any person as to the identity, source or origin of any communication; (d) disseminate or transmit any virus, Trojan horse, or other harmful or disabling data, code or program; (e) delete any author attributions, legal notices or proprietary designations in any file that is uploaded; (f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters; or (g) download any file that you know, or should reasonably know, cannot be legally downloaded or distributed. GEN is not responsible for messages, images, text or other materials submitted to it, including without limitation, content posted on bulletin boards, chat rooms or other communication facilities.

You agree that GEN is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication sent to GEN, including without limitation, responses to questionnaires or through postings to Forums, without further compensation, acknowledgement or payment to you, for any purpose whatsoever including, but not limited to, modifying or improving the GEN Websites and Services, and GEN products and services. GEN reserves the absolute right to delete any material posted to the GEN Websites and Services without notice.

Procedure for Making Claims of Copyright Infringement.

GEN respects the intellectual property rights of others, and expects its users to do the same. Upon receiving proper notice, GEN will act to remove or disable access to material as set forth in the Digital Millennium Copyright Act. Any notifications of claimed copyright infringement must be sent to GEN at the following training@benchmarklearning.com. When notifying GEN of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyrighted material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

Support.

Nothing in this Terms of Use shall obligate GEN to provide any support or training for the GEN Websites and Services, including without limitation, any obligation to correct any defects or provide any updates to the GEN Websites and Services. You are responsible for any and all telecommunication services, Internet access, hardware and third party software necessary or helpful for you to access the GEN Websites and Services. GEN will provide its recommended hardware and software configurations upon request.

WARRANTY DISCLAIMER.

Although care has been taken to ensure the accuracy of the information on the GEN WebsiteS and Services, GEN AND ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE “REPRESENTATIVES”) assumes no responsibility therefor. THE GEN WEBSITES AND SERVICES, AND ALL CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE.” GEN HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE GEN WEBSITES AND SERVICES OR THE CONTENT. GEN ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. GEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE GEN WEBSITES AND SERVICES. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. GEN DOES NOT WARRANT THAT THE GEN WEBSITES AND SERVICES OR THE SERVERS WHICH MAKE THE GEN WEBSITES AND SERVICES AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY GEN ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. YOU ACKNOWLEDGE THAT CERTAIN CONTENT AND/OR SERVICES PROVIDED HEREUNDER MAY BE PROVIDED BY A THIRD PARTY, AND THAT GEN DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE PRODUCTS, SERVICES OR ACTIONS OF THIRD PARTIES, AND YOUR SOLE AND EXCLUSIVE RIGHTS AND REMEDIES WITH RESPECT TO ANY THIRD PARTY MATERIALS ARE AGAINST THE THIRD PARTY VENDOR AND NOT AGAINST GEN.

LIMITED LIABILITY OF GLOBE EDUCATION NETWORK.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GEN OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE GEN WEBSITES AND SERVICES, OR TO ANY LINKED WEBSITE, OR FOR NAY INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE GEN WEBSITES AND SERVICES, EVEN IF GEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.

You hereby agree to indemnify and hold harmless GEN and its Representatives from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim, and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by GEN and its Representatives, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Use, or other terms and conditions or policies set forth elsewhere on this website.

Personal Information.

Personal information provided or collected through or in connection with the GEN Websites and Services shall only be used in accordance with the GEN Privacy Policy http://www.benchmarklearning.com/links/privacy.aspx, which is hereby incorporated into this Terms of Use.

Termination.

GEN, in its sole discretion, may terminate or restrict your use or access to the GEN Websites and Services (or any part thereof) for any reason, including without limitation, if GEN believes you have violated or acted inconsistently with the letter or spirit of this Terms of Use, or if you are in breach of this Terms of Use.

General Provisions; Legal Notice.

This Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. The heading references herein are for convenience purposes only and do not constitute a part of this Terms of Use. The GEN Websites and Services are created and/or controlled by GEN in the State of Minnesota, and this Terms of Use is governed by the laws of the State of Minnesota, without regard to any applicable conflict of laws provisions. You agree that the exclusive jurisdiction for any and all disputes arising out of this Terms of Use or the GEN Websites and Services shall be in either a federal or state court located in Minnesota, and you agree to submit to the personal jurisdiction of such courts, and irrevocably waive any objection of lack of personal jurisdiction or inconvenient forum. If any part of this Terms of Use is determined to be unlawful, void or unenforceable by a court of competent jurisdiction, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Nothing in this Terms of Use is intended to, or shall, create any third party beneficiary, whether intended or incidental. GEN shall be entitled to recover its attorneys’ fees and costs incurred in enforcing any rights arising out of or relating to this Terms of Use. The waiver by GEN of a breach of any obligation by you shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Terms of Use. You expressly acknowledge and agree that the provisions of this Agreement, which by their express or implied terms, extend beyond the termination or expiration of this Terms of Use, shall continue in full force and effect notwithstanding the termination or expiration of this Terms of Use, including without limitation, provisions relating to proprietary rights, indemnification, restricted use, warranties and governing law.

Contacting Globe Education Network.

By Mail:

Benchmark Learning

4510 West 77th Street, Suite 210

Edina, MN 55435

By Telephone:

(877) 655-7676

By Facsimile:

952.896.9728

By e-mail:

training@benchmarklearning.com

Additional contact information may be provided in connection with the applicable GEN Websites and Services via the links below. Please include your name and telephone number in any correspondence.

BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT SO AGREE, YOU MAY NOT USE THE GEN WEBSITES AND SERVICES.

This Terms of Use was last revised January 1, 2010