Terms of Use Agreement

Thank you for visiting the hawkeslearning.com web site. This document sets forth the terms and conditions that apply to your use of this site.

The effective date of this current version of this Terms of Use Agreement ("Agreement") is August 19, 2013. This version of the Agreement of use replaces and supersedes any prior terms of use applicable to this site.

This site is owned and operated by Quant Systems, Inc. dba Hawkes Learning ("Hawkes"). We, Hawkes and its affiliates, provide this web site and related services to you, the user of this site, for your personal and non-commercial use, subject to your acceptance of and compliance with this Agreement. Please read these terms carefully before using this site and/or the services associated therewith. Your use of this website and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this site.

  1. Changes to this Agreement

    We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the site. Your continued use of the site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the site if you do not agree to be bound by the revised terms and conditions.

  2. Privacy Information

    By using this site, creating a user account, seeking technical support for our products, and/or placing orders for products or services through this site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed here: http://www.hawkeslearning.com/Privacy.htm.

  3. General Use and Site License

    This site and its related services are intended for use only by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this site by children, minors and others under your care, and you agree to be responsible for their use of this site.

  4. We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. You may view, copy, download or print materials from this site for your own personal and non-commercial use. In this context, "personal and non-commercial use" does not include posting, uploading or otherwise publishing the materials to any other site. This license does not include any rights not specifically enumerated herein. You agree to use this site only for lawful purposes and in accordance with the terms and conditions contained herein.

  5. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the site or any of the content of the site, including but not limited to the trademarks and copyrights of Hawkes and its affiliates, or to make derivative use of the site or its contents; (b) to collect and use product listings, descriptions or images; (c) to download or copy any user's account information or other personal information for your own use or for the benefit of another party; (d) to bypass any technical measures used to prevent or restrict access to any portion of the site; (e) to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (f) to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; (g) to violate or attempt to violate the security of the site, or (h) to interfere with or attempt to interfere with the proper working of the site.

  6. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this site, to terminate any user's account, and to alter or delete any material submitted to the site through a user's account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.

  7. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information and other registration information you provide, is truthful and accurate.

  8. Ownership of Intellectual Property

    Unless otherwise noted, all content included on this site (including images, illustrations, designs, icons, photographs, video clips, text and other material) is the property of Hawkes or our affiliates, suppliers, partners or other third party licensors. All content not owned by Hawkes is used by us with the permission of its owner, and the compilation of this site is the exclusive property of Hawkes. The content on this site is protected by intellectual property and other laws in the United States and throughout the world. Nothing found on this site may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Hawkes or the owner of the material in question. You agree that you will not take any actions inconsistent with our ownership of the site and its content.

  9. The trademarks, logos, and service marks displayed on this site are owned by Hawkes and third parties, and this site's trade dress is owned by Hawkes. All trademarks not owned by Hawkes are the property of their respective owners, and, where used by Hawkes, are used with permission. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Our trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with our ownership of, or any third party's ownership of, the trademarks and trade dress used on this site.

  10. Registered Users

    Before you can make use of certain services associated with this site, you must register as a user and create a user account. You agree to maintain the accuracy of your user account information and to inform us promptly of any changes to that information, including but not limited to any changes to your email address.

  11. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.

  12. By creating a user account with us, you consent to receive communications from Hawkes electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).

  13. Submission of Content and User Activity

    From time to time, we may make available on this site services, features or sections that allow users to post or upload materials to the site or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Hawkes, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the site or any associated services.

  14. You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit or otherwise make available through the site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify Hawkes and its affiliates for all claims resulting from or related to Content you post or submit.

  15. You grant the following license with respect to any and all Content you post or submit to this website: you hereby expressly grant to Hawkes a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. For informational purposes, we note that the uses to which we may put the information or Content you provide include, but are not limited to, reproduction and use in any and all media whether now known or hereafter devised; publication of the Content or a derivative thereof for promotional, marketing and advertising purposes, and use in the development and manufacture of products.

  16. We do not control the Content delivered via the site by you or other users, and, as such, do not guarantee the accuracy, integrity or quality of such Content. Further, you understand that by using the site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any user-generated Content posted, emailed, transmitted or otherwise made available via the site. You agree that you will not attempt to hold Hawkes liable in any way for any Content contributed by another user.

  17. The opinions expressed in user-submitted Content on this web site are not necessarily those of Hawkes or its content providers, advertisers, sponsors, affiliated or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the web site. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

  18. We do not and are not obligated to regularly review, monitor, delete or edit the Content of the site as posted by users. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content, or from our alteration or deletion of any Content, even when we are advised of the possibility of such damages.

  19. You acknowledge, consent and agree that Hawkes may access, preserve and disclose your account information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Hawkes, its affiliates, its personnel, other users and the public.

  20. Software

    To the extent applicable, software from this site is subject to United States Export Controls. No software from this site may be downloaded or exported (i) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (ii) to anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software on this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.

  21. Notice to U.S. Government Users. Consistent with the provisions of 48 C.F.R. §§ 2.101, 12.212. 227.7202, as applicable, the software available through this site consists of "Commercial Computer Software," and is provided to U.S. Government users only as Commercial Items and with only those rights granted to all other licensees pursuant to the terms and conditions of this License Agreement. Unpublished-rights reserved under the copyright laws of the United States. Manufacturer is Quant Systems, Inc., 546 Long Point Road, Mt. Pleasant, South Carolina 29464.

  22. Any software available or accessed through this site is licensed, not sold, for your use. Your use of the software may be subject to additional terms and restrictions, as communicated at the time the software is downloaded, installed or first used. You must agree to those additional terms in order to use the software.

  23. Links to Third Party Sites

    From time to time, we may provide links to other internet sites or resources via this site, and other sites may link to this site. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.

  24. Disclaimer of Warranties; Indemnification; Resolution of Disputes

    We provide this site and the associated services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Hawkes, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.

  25. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY HAWKES ON AN "AS IS" AND "AS AVAILABLE" BASIS. HAWKES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HAWKES DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, HAWKES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. HAWKES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.

  26. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. HAWKES DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF HAWKES ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, HAWKES DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND HAWKES, OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

  27. HAWKES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF HAWKES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, HAWKES WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON OUR COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAWKES, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HAWKES FOR ACCESS TO OR USE OF THE SITE.

  28. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  29. You agree to indemnify, defend and hold harmless Hawkes, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.

  30. You agree that if you are dissatisfied with this site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Hawkes with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.

  31. This web site is created and maintained by Hawkes in the State of South Carolina. You agree that the laws of the State of South Carolina, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and Hawkes or its affiliates. Regardless of where you access this web site, you agree that any action or proceeding arising out of this Agreement or your use of this web site, whether at law or in equity, must be brought in the state or federal courts serving Charleston County, South Carolina, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

  32. Copyright Infringement Claims

    Hawkes respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. Hawkes reserves the right to remove access to infringing material posted to its sites. Such actions do not affect or modify any other rights Hawkes may have under law or contract. If you believe that any portion of the material contained on this site infringes your copyright, notify Hawkes of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).

    Written Notification must be submitted to this site's Designated Agent:

    Marcel Prevuznak c/o Hakwes Learning
    546 Long Point Road
    Mt. Pleasant, South Carolina 29464
    Facsimile: 1-843-571-0645
    Email: dmca@hawkeslearning.com

    To be effective, the Notification must be in writing and contain the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

    • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Upon receipt of the written Notification containing the information outlined above, Hawkes will:

    • Remove or disable access to the material that is alleged to be infringing;

    • Forward the written notification to such alleged infringer;

    • Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

    A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:

    • A physical or electronic signature of the alleged infringer;

    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

    • A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

    • The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which Hawkes may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.

    Upon receipt of a Counter Notification containing the information outlined above, Hawkes will:

    • promptly provide the complaining party with a copy of the Counter Notification;

    • inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on our network or system.

    This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

  33. General Information

    This Agreement represents the entire understanding between the parties regarding your use of this site, and supersedes all other agreements, express or implied, between you and us. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Hawkes. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of our rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.

  34. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  35. Any rights not expressly granted herein are reserved.

Contact Information

If you have any questions or suggestions regarding these terms, please contact us at:

Hawkes Learning
546 Long Point Road
Mt. Pleasant, South Carolina 29464
Phone: 1-843-571-2825
Email: support@hawkeslearning.com

Additional Information

Thank you for visiting the Hawkes Learning web sites. Usage of Hawkes Learning software is also subject to End User License Agreement (EULA) and Privacy Policy.