AGREEMENT BETWEEN USER AND Educational Concepts, LLC
The Educational Concepts, LLC Web Site is comprised of various Web pages operated by
Educational Concepts, LLC.
The Educational Concepts, LLC Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your use
of the Educational Concepts, LLC Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Educational Concepts, LLC reserves the right to change the terms, conditions, and
notices under which the Educational Concepts, LLC Web Site is offered, including but
not limited to the charges associated with the use of the Educational Concepts, LLC Web Site.
LINKS TO THIRD PARTY SITES
The Educational Concepts, LLC Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Educational
Concepts, LLC and Educational Concepts, LLC 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. Educational Concepts, LLC is not
responsible for webcasting or any other form of transmission received from any Linked
Site. Educational Concepts, LLC is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Educational Concepts, LLC
of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Educational Concepts, LLC Web Site, you warrant
to Educational Concepts, LLC that you will not use the Educational Concepts, LLC
Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Educational Concepts, LLC Web Site in any manner
which could damage, disable, overburden, or impair the Educational Concepts, LLC Web
Site or interfere with any other party's use and enjoyment of the Educational Concepts,
LLC Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
Educational Concepts, LLC Web Sites.
USE OF COMMUNICATION SERVICES
The Educational Concepts, LLC Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services"), you agree
to use the Communication Services only to post, send and receive messages and material
that are proper and 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:
-
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, infringing, obscene, indecent or unlawful topic,
name, material or information.
-
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
necessary consents.
-
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer.
-
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows
such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain
letters.
-
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 and enjoying 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 e-mail
addresses, without their consent.
-
Violate any applicable laws or regulations.
Educational Concepts, LLC has no obligation to monitor the Communication Services.
However, Educational Concepts, LLC reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. Educational
Concepts, LLC reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Educational Concepts, LLC reserves the right at all times to disclose any information
as 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 Educational Concepts, LLC's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Educational Concepts, LLC
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, Educational Concepts, LLC 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 Educational Concepts, LLC spokespersons, and their views do not necessarily
reflect those of Educational Concepts, LLC.
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.
MATERIALS PROVIDED TO Educational Concepts, LLC OR POSTED AT ANY Educational
Concepts, LLC WEB SITE
Educational Concepts, LLC does not claim ownership of the materials you provide
to Educational Concepts, LLC (including feedback and suggestions) or post, upload,
input or submit to any Educational Concepts, LLC Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Educational Concepts, LLC, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the
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. Educational Concepts, LLC is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in Educational
Concepts, LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to your
Submission as described in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Educational Concepts, LLC WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Educational Concepts, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE Educational Concepts, LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Educational Concepts, LLC WEB SITE 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.
Educational Concepts, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Educational Concepts,
LLC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Educational Concepts, LLC AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Educational Concepts,
LLC 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 THE Educational Concepts, LLC WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE Educational Concepts, LLC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Educational Concepts, LLC WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Educational Concepts, LLC WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Educational Concepts, LLC 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 THE Educational Concepts, LLC WEB SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Educational Concepts, LLC WEB SITE.
TERMINATION/ACCESS RESTRICTION
Educational Concepts, LLC reserves the right, in its sole discretion, to terminate
your access to the Educational Concepts, LLC Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the
Educational Concepts, LLC Web Site. Use of the Educational Concepts, LLC Web Site
is unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency relationship exists between
you and Educational Concepts, LLC as a result of this agreement or use of the Educational
Concepts, LLC Web Site. Educational Concepts, LLC's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of Educational Concepts, LLC's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Educational
Concepts, LLC Web Site or information provided to or gathered by Educational Concepts,
LLC 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 Educational Concepts, LLC with respect to the
Educational Concepts, LLC Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and Educational Concepts, LLC with respect to the Educational Concepts, LLC Web Site.
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 an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents be drawn up
in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Educational Concepts, LLC Web Site are: All Content ©
Educational Concepts, LLC 2007 and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent to
Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement.