Privacy Policy

Hameray Publishing Group, Inc.
Terms of Use & Privacy Policy – Effective Date: 1/1/2018

Please read these Terms of Use carefully before using HamerayPublishing.com ("Site"). By accessing and using our Site, you indicate your agreement to these terms. If you do not accept these terms, please do not use the Site. Please also review the below Privacy Policy which also governs your use of the Site, to understand our practices.

Hameray Publishing Group, Inc. reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will update the "Effective Date" notice above whenever we do so. Your continued use of the Site after such notice has been posted constitutes your acceptance of the changes, and your use will be subject to the most current version of the Terms of Use, rules, and guidelines posted at the time of such use. Our Site is intended for use by classroom teachers, administrators, and students who have purchased or who are using our materials. Once you register, your account is password protected. You must not create a false identity when registering or use or attempt to use another's account, password, or service without authorization in writing from Hameray Publishing Group, Inc. You are responsible for maintaining the confidentiality of your password.

Registered users may download, print, and store any PDF documents for noncommercial, personal, and classroom use only, provided that all copyright and proprietary notices are kept intact. You may not post, transmit, or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or right of others, or damaging to software or hardware. You also may not use our Site to advertise or solicit. Hameray Publishing Group, Inc. reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of these Terms of Use. NOTWITHSTANDING THE ABOVE, HAMERAY PUBLISHING GROUP, INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THIS WEB SITE OR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM THE USE THEREOF.

Trademarks and Copyright

Logos for Hameray Publishing Group, Inc. or any of its brands are trademarks of Hameray Publishing Group and its affiliates (the "Marks"). You must obtain written permission from Hameray Publishing Group to use the Marks. The contents of the Site are all copyrighted by Hameray Publishing Group, unless otherwise noted. You must obtain written permission from Hameray Publishing Group to use the contents of the Site in a manner not authorized by the Terms of Use.

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE INA WRITTEN AGREEMENT BETWEEN YOU AND HAMERAY PUBLISHING GROUP, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HAMERAY PUBLISHING GROUP MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) HAMERAY PUBLISHING GROUP DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) HAMERAY PUBLISHING GROUP MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) HAMERAY PUBLISHING GROUP SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. HAMERAY PUBLISHING GROUP ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITES OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAMERAY PUBLISHING GROUP OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

Limitation of Liability

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL HAMERAY PUBLISHING GROUP, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HAMERAY PUBLISHING GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITES THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

Indemnification

You agree to indemnify, defend and hold harmless Hameray Publishing Group, its affiliates and partners, and their respective officers, directors, employees, agents, members, licensors, representatives and third-party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms Hameray Publishing Group reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Hameray Publishing Group in asserting any available defenses.

Governing Law and Jurisdiction

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, and breach, shall be settled by final and binding arbitration in California, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of California, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys' fees plus legal rate-of-interest, to the successful party. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If Hameray Publishing Group is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree that the state and federal courts located in Westchester County, California shall have exclusive jurisdiction of all suits and proceedings arising out of or in connection with the Terms of Use and further to reimburse Hameray Publishing Group for its respective legal fees, costs, and disbursements if Hameray Publishing Group is successful.

Conclusion

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between Hameray Publishing Group and you with respect to your use of the Site, and supersede all previous oral or written agreements between the parties with respect to such subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Hameray Publishing Group to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. Paragraph headings are for reference only.

HAMERAY PUBLISHING GROUP, INC. PRIVACY POLICY

Last Updated: 1/1/2018

At Hameray Publishing Group, we are committed to protecting your privacy. This Privacy Policy explains the types of information we collect through the HamerayPublishing.com. It further explains how we will use, disclose and protect your information. By visiting HamerayPublishing.com, you agree to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use HamerayPublishing.com.

HamerayPublishing.com is hosted in the United States. If you are located outside of the United States, please note that the information you provide is being transmitted to us in the United States, and will be subject to this Privacy Policy and applicable laws, which may not be as protective as the laws in your country. By using HamerayPublishing.com, you agree to this.

Information Collected by Hameray Publishing through HamerayPublishing.com

Information You Provide: When registering to order or to download information with HamerayPublishing.com, we ask that an educator provide certain contact information. This information may include first and last names, employee roles, the name of the school, district, city, state, email address, user names and passwords.

Site Usage Information:

When using HamerayPublishing.com, our servers automatically collect certain site usage information associated with your computer. Site usage information is non-personal information that includes, but is not limited to, browser type, operating system, IP address and the domain name from which you accessed HamerayPublishing.com. It may also include information such as the date and time you accessed HamerayPublishing.com, how much time you spent on HamerayPublishing.com, the pages you visit and other "click-stream" data.

We use cookies to collect the Platform and Site Usage information described above. A cookie is a small data file that may be sent by a website or application and stored on the hard drive of your computer. A cookie stores information about your browser that allows us to recognize your browser when you return and to remember your preferences. You may reject cookies, but by doing so, you may not be able to use HamerayPublishing.com. To learn more about browser cookies, including how to manage or delete them, check the "Help," "Tools" or similar section of your browser. By using HamerayPublishing.com, you agree to the use of cookies.

We use third party service providers to assist us in collecting and understanding Site Usage information.

1. How We Use Your Information:

Information You Provide:
We may use the information that you provide when you register for HamerayPublishing.com to create your account. This allows you to access previous orders and other history.

We may use teacher email addresses to send important updates about HamerayPublishing.com, to respond to your support or feedback inquiries, or to respond to your requests.

Non-personal information, such as gender, grade level and other demographic information are used in aggregated, anonymously collected to help us better understand how the website is used and to improve the website.

Site Usage Information:

We use site usage information to administer the site, monitor and diagnose problems with it, remember you when you return so that you don’t have to resubmit your information and so that we can maintain your progress, and to improve our platform.

We do not combine the personal information that you provide at registration with Site Usage information.

2. How We May Share Your Information:

We never sell or rent your information.

We will only share your information in the following circumstances:

When we believe in good faith that disclosure of your information is necessary to protect our rights and those of others, to protect your safety or the safety of others, to investigate fraud or to respond to a government, judicial or other legal request or to comply with the law. In connection with an organizational change or dissolution, such as a merger, acquisition, reorganization, bankruptcy, sale or wind down, provided that your information will remain subject to the terms of this Privacy Policy

We may also share certain aggregated, anonymous information with a third party provider to help us analyze the information.

3. Your Access and Opt-Out Rights

You may review or change the information you have provided about yourself by logging into your account or by contacting us at info@HamerayPublishin.com. If you contact us, we will ask you to verify your identity before we provide you with information or make changes.

You may also choose to opt in or opt out of email marketing messages and newsletters from us. To opt out, simply click on the "unsubscribe" button that appears on every email.

4. Data Retention:

We do not retain your personal information for longer than is necessary to provide you with the features and services you have requested. When you request an account be deleted, we remove the data from our servers.

5. Security:

We strive to maintain reasonable security standards to safeguard your data. HamerayPublishing.com has multiple security measures in place to protect the loss, misuse or alteration of information under our control. These include encryption of data in transit, regular software security updates and industry best practices for network and physical security.

However, please be aware that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit or otherwise provide to us and you do so at your own risk.

If you create an account, you will be asked to select a password to access HamerayPublishing.com. Users are responsible for maintaining the strict confidentiality of account password(s), and for any activity that occurs under your account credentials, whether or not authorized by you. Please notify us of any unauthorized use of your account or any suspected breach of security.

6. Changes to this Privacy Policy:

Hameray Publishing Group may amend this Privacy Policy from time to time. When we do, we will notify you by updating the date of this Privacy Policy and posting it on this page of our site. We will also notify you of any material changes to this Privacy Policy via email. In some cases, we may request your consent to the changes.

7. Contact Us: If you have any questions about this Privacy Policy, please contact us: Hameray Publishing Group, 5212 Venice Blvd., Los Angeles, CA 90019