Kagan Publishing & Professional Development

KaganOnline.com
Website Terms of Use and Notices
Updated October 2003

Click here for rules and tips on properly citing Kagan webpages, structures, books, and other items in college projects and papers, professional articles and books, slide presentations, handouts, etc.

AGREEMENT BETWEEN YOU AND KAGAN PUBLISHING & PROFESSIONAL DEVELOPMENT

The KaganOnline.com Website is made up of various webpages operated by Kagan Publishing & Professional Development, 1160 Calle Cordillera, San Clemente, California 92673, USA, or its affiliates (collectively, "KaganOnline.com"). This Terms of Use and Notices applies to KaganOnline.com and does not apply to the content of third parties.

KaganOnline.com is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of KaganOnline.com constitutes your agreement to all such terms, conditions and notices.

MODIFICATION OF THESE TERMS OF USE

Kagan reserves the right to change the terms, conditions and notices under which KaganOnline.com is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of KaganOnline.com constitutes your agreement to all such terms, conditions and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, KaganOnline.com is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from KaganOnline.com.

LINKED WEBSITES

KaganOnline.com may contain images of, or links to, third-party websites (the "Linked Sites"). The Linked Sites are not under the control of Kagan, which is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Kagan is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Kagan responsible if the Linked Site is not working appropriately. Kagan is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kagan of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties included within KaganOnline.com or participation in promotions, including the delivery of, and the payment for, goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Kagan shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of KaganOnline.com, you will not use KaganOnline.com for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use KaganOnline.com in any manner that could damage, disable, overburden or impair KaganOnline.com or the network(s) to which it is connected, or interfere with any other party's use of KaganOnline.com. You may not attempt to gain unauthorized access to KaganOnline.com, computer systems or networks to which it is connected through any means, including, without limitation, password-mining or hacking. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through KaganOnline.com.

USE OF SERVICES

KaganOnline.com may contain bulletin board services and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that, when using a Communication Service, you will not use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same; use any material or information, including images or photographs, which is made available through KaganOnline.com in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses; violate any applicable laws or regulations; create a false identity for the purpose of misleading others; or use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of KaganOnline.com or other user or usage information or any portion thereof.

Kagan has no obligation to monitor the Communication Services. However, Kagan reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kagan reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Kagan reserves the right at all times to disclose any information as Kagan deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kagan's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or any minor child in any Communication Service. Kagan does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kagan specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kagan spokespersons, and their views do not necessarily reflect those of Kagan.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

You agree that Kagan may establish limits concerning use of KaganOnline.com, Communication Service in a given period of time.
You agree that Kagan has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Communication Service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Communication Service may change at any time. Kagan reserves the right, in its sole discretion, to terminate your access to any or all Communication Services or any portion thereof at any time, without notice. Kagan shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

Kagan may immediately terminate any Communication Services account that it determines, in its sole discretion, is transmitting or is otherwise connected with any "spam" or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Kagan liquidated damages of Five United States Dollars (US$5.00) for each piece of "spam" or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay Kagan's actual damages, to the extent such actual damages can be reasonably calculated.

KAGAN MAKES NO WARRANTY THAT ANY COMMUNICATION SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

MATERIALS PROVIDED TO KAGAN OR POSTED AT KAGANONLINE.COM

Kagan does not claim ownership of the materials you provide to Kagan (including feedback and suggestions) or post, upload, input or submit to KaganOnline.com or its associated services for review by the general public, or by the members of any public or private group (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are granting Kagan, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, KaganOnline.com), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Kagan is under no obligation to post or use any Submission you may provide, and Kagan may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

POLICIES FOR INTELLECTUAL PROPERTY RIGHTS OF CONTENT AVAILABLE THROUGH KAGANONLINE.COM

All content that is made available to view and/or download in connection with KaganOnline.com, excluding content that may be made available by end-users through a Communication Service, and including, without limitation, type faces, fonts or graphics (the "Kagan Content"), is owned by and is the copyrighted work of Kagan Publishing & Professional Development and/or its suppliers and is protected by copyright laws and international treaty provisions.

The intellectual property policies within this section shall relate to KaganOnline.com. For intellectual property policies related to professional development or inservice training of Kagan intellectual property, please click here.

To make a "fair use" instructional copy of Kagan Content, the educator, school, district or college shall: 1) copy no more than one (1) individual webpage (i.e., one [1] URL); 2) use such copy solely for one (1) educator's own instruction; 3) use such copy for one (1) lesson, subject or course in one (1) academic term; and 4) include the copyright notice from the Kagan Content and appropriate bibliographical reference(s) as modeled below.

To use Kagan Content repeatedly for the same lesson, subject or course in multiple academic terms, the educator, school, district or college shall obtain prior written permission from Kagan. Written requests shall indicate: 1) the specific webpage; 2) the number of copies to be reproduced of that webpage; 3) the intended instructional use; and 4) a sample of the reproduced webpage, including bibliographical reference(s) as modeled below.

To adapt Kagan Content for a publication or other derivative work in any medium, the educator, school, district or college shall obtain prior written permission from Kagan. Written requests shall indicate: 1) the specific webpage; 2) the title of the work in which the Kagan Content would appear; 3) the name of the legal entity that would serve as publisher of the work; 4) the date of publication of the work; 5) the territory(ies) in which the work would be distributed; and 6) a sample of all pertinent portions of the work, including bibliographical reference(s) as modeled below.

Limited use of Kagan Content shall usually be granted free of charge. Duplication of a substantial body of Kagan Content shall certainly be denied, although it may be granted under a negotiated written royalty agreement.

In the event that Kagan grants you prior written permission to copy or adapt Kagan Content, you shall properly cite within it as many as possible of the bibliographical references modeled below as appropriate for such copy or adaptation:

1. Each time a proper noun from the Kagan Content is used by name, it shall utilize the capitalization, compound-wording and hyphenation found in the Kagan Content and shall incorporate a citation such as this:

Mix-N-Match (Kagan, 1994)

2. Each page that uses or adapts Kagan Content shall include this citation:

Source: This material has been adapted from the following book with permission from Kagan Publishing & Professional Development: Spencer Kagan, Cooperative Learning (San Clemente, CA: Resources for Teachers, 1994). 1 (800) 933-2667; www.KaganOnline.com/.

3. If your work has a references or bibliography section, it shall include this citation:

Kagan, Spencer. (1994). Cooperative Learning. San Clemente, CA: Resources for Teachers; www.KaganOnline.com/.

Please note that each of the citations modeled above may be edited to follow any accepted style of documentation; i.e., APA, Chicago, MLA, etc.

LIABILITY DISCLAIMER

THE CONTENT, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH KAGANONLINE.COM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE KAGANONLINE.COM AND TO THE INFORMATION THEREIN. KAGAN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN KAGANONLINE.COM AT ANY TIME. ADVICE RECEIVED VIA KAGANONLINE.COM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

KAGAN PUBLISHING & PROFESSIONAL DEVELOPMENT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN KAGANONLINE.COM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KAGAN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT KAGAN SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A COMMUNICATION SERVICE. YOU SPECIFICALLY AGREE THAT KAGAN IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT KAGAN IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN KAGANONLINE.COM BY ANY THIRD PARTY.

IN NO EVENT SHALL KAGAN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF KAGANONLINE.COM, WITH THE DELAY OR INABILITY TO USE KAGANONLINE.COM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH KAGANONLINE.COM, OR OTHERWISE ARISING OUT OF THE USE OF KAGANONLINE.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KAGAN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF KAGANONLINE.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING KAGANONLINE.COM.

GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of California, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Orange County, California, USA. in all disputes arising out of or relating to the use of KaganOnline.com. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kagan as a result of this agreement or use of KaganOnline.com. You agree to indemnify and hold Kagan, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on KaganOnline.com. Kagan reserves the right to disclose any personal information about you or your use of KaganOnline.com, including its contents, without your prior permission if Kagan has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Kagan or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Kagan's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kagan's right to comply with governmental, court and law enforcement requests or requirements relating to your use of KaganOnline.com or information provided to or gathered by Kagan with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kagan with respect to KaganOnline.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kagan with respect to KaganOnline.com. 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.

All contents of KaganOnline.com are: Copyright © 1996 - 2002 Kagan Publishing & Professional Development and/or its suppliers, 1160 Calle Cordillera, San Clemente, California 92673, USA. All rights reserved. The Kagan logo, Kagan, Kagan Publishing, Kagan Professional Development, Kagan Publishing & Professional Development, Structures for Success, Kagan Club, Spencer's ThinkPad, Structure-A-Quarter, Teacher & Trainer Tips, A+ Anecdotes, Learning to Laugh, P.I.E.S., WEE COOP, Kagan Structures and the individual structure names stipulated in the following Table of Trademarked Names of Kagan Structures, and/or other Kagan products or services referenced within KaganOnline.com may also be either trademarks, registered trademarks or service marks of Kagan in the USA and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Table of Trademarked Names of Kagan Structures

Acronym Arranger Acrostic Composer Agreement Circles Agree-Disagree Line-Ups All Around The Clock Alphabetical List Mnemonic Background Music Before-N-After Blind Sequencing Boss/Secretary Carousel Discuss Carousel Feedback Carousel Interview Carousel Mind Map Carousel Present Carousel Review Categorizing Celebrity Circuit CenterPiece Charting Choices Game Choose-A-Chip Choral Practice Chunking Circle the Sage Consensus Seeking Corners Debate Dot the Wall Draw-A-Chip Draw It! Draw What I Write Drop-A-Chip Dueling Flipcharts Echoing Estimate Line-Ups Fact or Fiction Fan-N-Pick Find My Rule Find Someone Who Find the Fiction Fist to Five Flashcard Game Folded & Split Value Lines Formations Four S Brainstorming Give One, Get One Guided Imagery Idea Spinner Inside-Outside Circle Jigsaw Jigsaw Problem Solving Jot Thoughts Journal Reflections Kinesthetic Symbols Line-Ups Linkages	Listen Right! Logic Line-Ups Lyrical Lessons Match Mine Metacognition Mind Mapping Mix Freeze Group Mix-Music-Meet Mix-N-Match Mix-Pair-RallyCoach Mix Pair Share Muscle Relaxation Numbered Heads Together Number-Letter Code Mnemonic Number-Rhyme Mnemonic Number-Shape Mnemonic Observe-Draw-RallyRobin One Stray Opinion Sages Paired Heads Together Pairs Check Pairs Compare Pantomime Paraphrase Passport Partners Partner Expert Group Jigsaw People Hunt Picking Stickies Placemat Consensus Poems for Two Voices Popcorn Primary Interview Proactive Prioritizing Probability Line Ups Q-Spinner Quiz, Quiz, Trade RallyCoach RallyRead RallyReTell RallyRobin RallyTable ReadingBoard Game Relaxation Breathing Reservoir Room Response Mode Discussion Roam the Room Roller Derby RoundRobin RoundTable RoundTable Variations RoundTable Consensus Roving Reporter Sages Share Same-Different Same Number Group Interview Same Number Groups Present See One, Do One, Teach One	Send A Problem Sequencing Share & Switch Sharing Secrets Showdown Show Me Similarity Groups Simulations Simultaneous RoundTable Solo Songs For Two Voices Spend A Buck Spin-A-Q Spin-N-Review Spin-N-Think Stand-N-Share Stand Up, Hand Up, Pair Up Stir-The-Class Storytelling Stroll-Pair-Share Sum-The-Ranks Take Off, Touch Down Talking Chips Team Chants Team Charades Team Formations Team Inside-Outside Circle Team Interview Team Line-Ups Team Mind-Mapping Team-Pair-Solo Team Projects Team Stand-N-Share Team Statements Team Window Team Word-Webbing Teammates Consult Telephone Thinkpad Brainstorming Think-Pair-Share Three Pair Share Three-Step Interview Three Stray Timed-Pair-Interview Timed-Pair-Share Trading Cards Transparency Slideshow Traveling Heads Together Turn Toss Two Stray Visual/Spatial Mind Mapping Visualization Visualize Share Vocab Toons Vocabulary Spinner Who Am I? Window Paning