Welcome to the n2y LLC and related companies and subsidiaries (which together with each company’s shareholders, members, directors, officers, employees, and agents are herein collectively called “n2y”) website. Access to, and use of, this website and its accompanying materials and content is subject to the terms and conditions listed below (the “Agreement”). Please read and review carefully these terms and conditions which govern your use of this website and its accompanying materials and content. Your use of this website and its accompanying materials and content signifies your binding consent to this Agreement. This Agreement supersedes all previous representations, understandings, or agreements regarding the information contained herein.
n2y may revise this Agreement at any time. Revisions to this Agreement will be posted on this website approximately 30 days in advance. You will be prompted to review and acknowledge your consent to this Agreement if any revisions have been made before using this website and its accompanying materials and content. If you have questions regarding this Agreement, please contact n2y customer support at (800) 697‑6575. By using this website and its accompanying materials and content, you, whether an Authorized User or other visitor to this website, are agreeing to be bound by the then-current version of this Agreement.
© All material and content on this website is under the copyright of News‑2&8209;You, Inc. (1997–2019), Unique Learning System, LLC (2007‑2019) and SymbolStix LLC (2000–2019). Only employees of n2y, authorized n2y subscribers (including, but not limited to, teachers and students), authorized n2y vendors and such other persons as n2y may designate, in its sole discretion from time to time (“Authorized Users”) may utilize this website and its accompanying materials and content. Authorized Users may download copyrighted material for their own use only. No part of this website and its accompanying materials and content, including the stories, reports, recipes, jokes, or pictures, may be reproduced for sale and sale is strictly prohibited.
© SymbolStix pictures are under the copyright of SymbolStix, LLC. These pictures are uniquely drawn icons that represent words. These icons are drawn in a simplistic way so students can understand the meaning of words. There are many characteristics and logos included in the SymbolStix pictures. These characters and logos are flat representations that can be used for communication and instruction and can be copied for these purposes only. These characters and logos may not be reproduced for sale and sale is strictly prohibited.
WARNING: This website and all accompanying materials and content are protected by applicable copyright law and international treaties. Unauthorized reproduction, distribution or use of materials or content may result in civil and/or criminal penalties and will be prosecuted to the maximum extent permitted under the law. You may not: (1) rent, lease or sublicense the online subscription service, materials or content; or (2) decompile, reverse assemble or reverse engineer the online subscription service.
DISCLAIMER OF WARRANTIES
This website and its accompanying materials and content (including instructions for use) are provided “as is” and 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 and non-infringement. No oral or written information or advice given by n2y shall create a warranty and you may not rely on any such information or advice.
LIMITATION OF LIABILITY
n2y does not warrant, guarantee, or make any representations regarding the use, or the results of use, of this website and its accompanying materials and content in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of this website and its accompanying materials and content is assumed by you. If this website and its accompanying materials and content are defective, n2y’s sole responsibility shall be the replacement of the defective subscription, materials or content and you shall have no further remedy relating to the defect.
n2y shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if n2y has been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use this website and its accompanying materials and content; (b) the cost of procurement of substitute goods and services resulting from any inability to use this website and its accompanying materials and content; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on this website or its accompanying materials and content; or (e) any other matter relating to this website and its accompanying materials and content.
n2y’s products and services are controlled and operated from US-based facilities and it makes no representations that they’re appropriate or available for use in other locations. If you access or use the services from other jurisdictions, you understand that you’re entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. n2y does not target marketing campaigns or other marketing activities to individuals or organizations outside of the US. n2y is committed to protecting its subscribers’ PII as detailed in this Agreement.
This website and its accompanying materials and content contain information and images confidential and proprietary to n2y, including, but not limited to, marketing information, product information, advertising and teacher and student data (“Confidential Information”). Accessing, using, copying, distributing, disseminating and changing Confidential Information is subject to n2y policies, restrictions and procedures regarding confidentiality, including, but not limited to, the policies set forth herein.
Only Authorized Users may access and/or use the Confidential Information contained on this website. If you have accessed this website and its accompanying materials and content without authorization, you are unlawfully and wrongfully doing so. By proceeding to use this website and its accompanying materials and content, you represent that you are an Authorized User and that you have no personal or proprietary interest in the Confidential Information. If you do not agree to such terms, you are prohibited from using and accessing this website and its accompanying materials and content.
You have been given access to the Confidential Information based upon your representation that you have a need for such access and that you will only use such Confidential Information for authorized use. You shall not allow any unauthorized person or entity access to this website and its accompanying materials and content (including, but not limited to, the Confidential Information) under your personal username and/or security password. You understand that any violation of these terms could result in disciplinary, legal and/or other action against you. You assume any and all liability for the acts of any unauthorized user to whom you provided access to this website and its accompanying materials and content.
If disclosure of any of the Confidential Information is requested pursuant to any subpoena or as part of any legal proceeding, deposition or cause of action, you will assert the privilege applicable to confidential business and proprietary information and will refuse to respond (to the fullest extent allowed by law). You will promptly advise your employer (or the party providing you with access to this website and its accompanying materials and content) and n2y in writing of any such request for disclosure.
Unless otherwise prohibited by law, you agree to indemnify and hold harmless n2y from and against all liabilities, injuries, damages, losses, costs (including, but not limited to, court costs and attorneys’’ fees), fines, penalties and expenses directly or indirectly resulting from the input of unsolicited Confidential Information saved in free-form text entry fields by yourself or any other person authorized to enter information on your behalf.
Authorized Users may use the materials and content and the Confidential Information on this website solely for their personal use. Accessing, using, copying, distributing, disseminating and/or changing Confidential Information is subject to your underlying agreement with n2y and your compliance with this Agreement. Failure to comply with your underlying agreement with n2y or this Agreement may subject you and/or your company to immediate termination of access rights to this website and its accompanying materials and content and/or any other actions n2y may deem appropriate. Upon expiration of your subscription, all Authorized User accounts associated with your subscription will be automatically inactivated.
Authorized Users include (but are not limited to) students with a student login credential. For purposes of this Agreement, a student login credential is a student’s name, a teacher-generated and controlled password and an n2y-generated private email address. Students may not use said email address for any other purpose. Deactivation of a teacher’s account will also deactivate any associated student login credentials.
Please note that with respect to usage of the Unique Learning System®, News‐2‑You®, SymbolStix PRIME®, L3 Skills™ and Positivity™ the maximum number of students that may utilize the materials and content under a single license is 15.
DATE OF COMMENCEMENT OF SUBSCRIPTION
You have the option to delay commencement of your subscription to a date no later than 90 days from the date of said agreement. If a delayed commencement of subscription date is not elected and actually selected and identified on the date of your underlying agreement with n2y, your subscription shall be effective immediately.
SUBSCRIPTION EXPIRATION, RENEWAL AND APPLICABLE GRACE PERIOD
Unless otherwise agreed upon in writing between you and n2y, your subscription will not automatically renew unless you notify n2y in writing at least 30 days prior to the expiration of same. Payment of your subscription fee must be made in full at the time of your renewal. If you are unable to pay the renewal fee in full at the time of your renewal, you may contact n2y to request a 30‑day grace period (which may be granted (or denied) in n2y’s sole discretion). In the event you fail to pay your renewal fee in full within any agreed-upon grace period, your account shall terminate effective immediately. You will be charged a prorated renewal fee for your subscription access during the grace period in accordance with the terms and conditions of your underlying agreement with n2y if your account is terminated for nonpayment of the renewal fee. You will be invoiced for this prorated renewal fee and payment is due upon receipt.
PLEASE NOTE: THE GRACE PERIOD IS A PART OF YOUR YEAR-LONG SUBSCRIPTION AND NOT AN EXTENSION OF SUCH SUBSCRIPTION.
PRIVACY AND SECURITY
Generally, n2y employs commercially reasonable security measures that comply, in n2y’s reasonable discretion and interpretation, with all applicable Federal and state laws and regulations regarding data privacy and security, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”) and the Children’s Online Privacy Protection Act of 1998 (“COPPA”). These measures include appropriate administrative, physical, and technical safeguards to secure data from unauthorized access, disclosure, alteration and use. n2y will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Except as expressly provided in this Agreement, neither n2y nor its successors or assigns shall have any liability for the breach of its privacy and security measures or the integrity of its hosting services, unless caused by the willful misconduct of n2y. n2y expressly disclaims any warranty that data exchanges are or will be secure.
Data residing on the n2y server is password protected, and account access is provided only to Authorized Users. However, the safety and security of your data also depends on you. You should not upload or send to n2y sensitive information via email, as this is not secure. You are also responsible for keeping account usernames and passwords confidential. Please notify n2y if you become aware that data has been lost, stolen, or used without permission; n2y may disable access to an account in order to prevent an unauthorized third party from obtaining access to same.
n2y will not distribute or otherwise disclose any personally identifiable information (“PII”) (as defined below) to any third party without the prior written consent of an applicable customer. n2y does not sell PII to third parties. n2y shall ensure that any third party that handles PII agrees to comply with this Agreement.
FERPA AND PII
FERPA protects the privacy interests of students in their education records. It controls the disclosure of a student’s PII from education records without the consent of the parent or eligible student. Per Federal regulation, PII includes (but is not limited to) a student’s name, the name of the student’s parent or other family members, the address of the student or student’s family, a personal identifier, such as the student’s social security number, student number, or biometric record, indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name, other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, or information requested by a person who an educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. Examples of the types of PII, student data and other data that n2y may acquire include: name, student number, picture, level, gender, birthday, parent/guardian name, address, phone, sibling name, login, and more.
It is n2y’s policy to limit access to this website and its materials and content through secured interfaces that require user authentication and to have in place reasonable support measures to protect PII.
The Children’s Online Privacy Protection Act of 1998 (“COPPA”) regulates the online collection, use and/or disclosure of personal information from and about children under the age of 13 on the internet. This notice is meant to inform you, the parents, of n2y’s practices regarding its collection, use and/or disclosure of personal information from such children. Please note: If there is ever a material change in our collection, use and/or disclosure practices to which you have previously consented to, this notice will be updated accordingly and provided again to you.
n2y may have collected your online contact information from your child, and, if such is the case, your name and/or the name of your child, in order to obtain your consent as required under COPPA. Your consent is required for n2y’s collection, use and/or disclosure of your child’s personally identifiable information (“PII”) and n2y will not collect, use and/or disclose any personal information from your child if you do not provide such consent.
To obtain verifiable parental consent to n2y’s collection, use and/or disclosure of your child’s personal information, n2y requires you use a credit card, debit card or other online payment systems that provides notification of each discrete transaction to you to purchase obtain access to this website and its accompanying materials and content. If you do not provide consent within a reasonable time from the time you are presented with this notice, n2y will delete your online contact information (if any) from its records.
In the case of a school or other organization’s purchase of a subscription to access the materials and content, the law permits it to obtain parental consent to the collection of personal information on behalf of all of its students, thereby eliminating the need for individual parental consent to be given directly to the website operator.
Please note that you always have the right to consent to collection and use of your child’s personal information without consent to disclosure of his or her personal information to third parties. If you should consent, please note that n2y may collect the following types of personal information from your child dependent upon the activity said child wishes to participate in: name, student number (if applicable), picture, level, gender, birthday, parent/guardian name, address, phone, sibling name and login. Further, n2y may collect usage analytics to be presented back to you or your child or to your child’s teacher (if applicable) to demonstrate progress and performance or for internal purposes to improve certain n2y products. n2y collects this information through the child’s input of same in its systems. n2y will not require your child to disclose more information than is reasonably necessary to participate in an activity and will not retain personal information any longer than is necessary to fulfill the purpose for which it was collected and will delete the information using reasonable measures to protect against its unauthorized access or use per n2y’s retention policies.
n2y supports student and parent access to PII for review and correction. PII is most often created by the classroom teacher or other school administration team members in accordance with the applicable school or district’s policies. Typically, corrections can most easily be facilitated by parents and/or students notifying the applicable classroom teacher or school administrator. In almost all cases, schools and school districts have policies that permit these resources to make the desired corrections directly in the system. If your situation is different or you need further assistance, please contact n2y customer support at (800) 697‑6575.
n2y generally purges and/or de-identifies PII and other Authorized User data ninety (90) days following termination of a subscription. n2y performs daily system backups of production data for purposes of disaster recovery. These backups are encrypted, stored offline and are not directly accessible by Authorized Users. These backups are purged on a rolling eighteen (18) month schedule. Upon written request, n2y may (in its sole discretion) consider an alternate content retention policy in certain circumstances. De-identified PII may be used by n2y for educational, product improvement and other similar purposes; n2y will not use PII for marketing.
DATA BREACH OR SECURITY INCIDENT
n2y has internal protocols in place to deal with a breach of PII. n2y will notify an affected subscriber no later than seven (7) business days after n2y become aware of any breach of or security incident involving PII. n2y will take prompt corrective action to remedy any breach or security incident, mitigate, to the extent practicable, any harmful effect of such breach or security incident and the corrective action n2y has taken or will take to prevent future similar breaches or security incidents.
As a public commitment for the responsible collection and use of student data, n2y is a signatory to the Student Privacy Pledge (the “Pledge”) of the Future of Privacy Forum and the Software & Information Industry Association (SIIA). n2y believes this Agreement is consistent with the Pledge and will ensure that any current and future subcontractors and business partners operate in a consistent manner by agreeing to comply with this Agreement. The Pledge is available for review at www.studentprivacypledge.org.
n2y reserves the right, in its sole discretion, to terminate your access to all, or any part, of this website and its accompanying materials and content at any time and without notice for any reason. n2y, in its sole discretion, may also discontinue operating this website and terminate this Agreement at any time and without notice for any reason.
The failure of n2y to enforce any terms and conditions of this Agreement or to respond to any breach by you or other parties shall not in any way be deemed a waiver of n2y’s right to enforce any terms or conditions of this Agreement.
GOVERNING LAW AND VENUE
By using this website and its accompanying materials and content, you agree that the laws of the State of Ohio without regards to principles of conflict of laws, will govern this Agreement and any dispute that may arise between you and n2y. Further, you expressly agree that exclusive jurisdiction for any dispute resides in the courts of Erie County, Ohio.
All provisions of this Agreement are severable and neither this Agreement nor any provision hereof shall be affected by the invalidity, inapplicability or unenforceability of any other provision of this agreement.
If you have any questions about this Agreement, you may contact us at (800) 697‑6575.
Last update: January 21, 2019