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User Content.
Any
material, information, communications, text, graphics,
links, electronic art, animations, audio, video, photos,
or other data (collectively the "User Content") that you
upload to or otherwise make available in ClassLeader.com,
is and remains your sole property or the property of your
licensors. By uploading or otherwise making available
any User Content, you automatically grant and/or warrant
that the owner of such User Content has granted ClassLeader,
for the sole purpose of displaying publishing, distributing
and/or otherwise transmitting the User Content through
ClassLeader, the perpetual royalty-free, non-exclusive
right and license to use, reproduce, modify, publish,
distribute, perform and display the User Content through
ClassLeader. You also permit any other user of ClassLeader,
subject to your restrictions, to access, view, store and
reproduce the User Content to the same extent permitted
herein.
Links.
Some links on ClassLeader.com lead to sites posted by
independent site owners. Because ClassLeader has no control
over such sites, ClassLeader is not responsible for such
sites' accessibility via the Internet and does not endorse
products, services, or information provided by such sites.
As such, ClassLeader 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
or reliance on any such content, goods or services available
on or through any such site. Further, the inclusion of
these links to other sites does not imply that the other
sites have given permission for inclusion of these links,
or that there is any relationship between ClassLeader
and the linked sites. ClassLeader is an independent operating
company and reference to other companies do not imply
any partnership, joint venture, or other legal connection
where ClassLeader would be responsible for the actions
of their respective owners.
Conduct.
You may only access ClassLeader.com and use its services
for lawful purposes. You are solely responsible for the
knowledge of and adherence to any and all laws, statutes,
rules and regulations pertaining to your use of the services.
You acknowledge that ClassLeader does not pre-screen Content,
but that ClassLeader reserves the right (but not the obligation)
in their sole discretion to refuse or re move any Content
that is available via the Service upon discovery or notification.
You agree that you will not:
. use the services to commit a criminal offense
or to encourage conduct that would constitute a criminal
offense or give rise to a civil liability, or otherwise
violate any local, state, Federal or international law
or regulation, including, but not limited to, export control
laws and regulations;
. upload, post, e-mail or otherwise transmit any
unlawful, threatening, libelous, harassing, defamatory,
vulgar, obscene, pornographic, profane, or otherwise objectionable
Content;
upload, post, e-mail, or otherwise transmit any User Content
that you do not have a right to transmit under any law
or contractual or fiduciary relationships;
. upload, post, e-mail, or otherwise transmit any
User Content that infringes any patent, trademark, trade
secret, copyright, or other proprietary rights of any
party;
. alter, damage or delete any Content or other
communications that are not your own or to otherwise interfere
with the ability of others to access or use the Service;
. disrupt the normal flow of communication in any
Community or otherwise act in a manner that negatively
affects other users’ ability to engage in real-time exchanges;
. claim a relationship with or to speak for any
individual, business, association, institution or other
organization for which you are not authorized to claim
such a relationship;
. upload, post, e-mail or otherwise transmit any
unsolicited advertising, promotional materials, or other
forms of solicitation to other users including, without
limitation, “junk mail,” “spam,” “chain letters,” or “pyramid
schemes”;
. interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Service;
. collect or store personal data about other users;
. reproduce, duplicate, copy, use, distribute,
sell, resell, or otherwise exploit for any commercial
purposes, any portion of ClassLeader or its services.
Disclaimer of Warranty.
CLASSLEADER
IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED
WITHIN ANY COURSESITE AND MAKES NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY COURSESITE
FOR ANY PURPOSE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,
COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY
PROVIDED BY THIRD PARTIES OR OTHER USERS OF THE SERVICE.
YOU
AGREE THAT YOUR ACCESS TO CLASSLEADER.COM, AND YOUR USE
OF ITS SERVICES IS AT YOUR OWN RISK. NEITHER CLASSLEADER,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY,
RELIABILITY, OR CONTENT OF THE SERVICE.
CLASSLEADER.COM
AND THE SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS 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.
IN
NO EVENT WILL CLASSLEADER OR ITS DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES (EVEN IF CLASSLEADER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY
TO ACCESS CLASSLEADER OR USE THE SERVICE, INCLUDING WITHOUT
LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS
OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES
THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS
OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CLASSLEADER'S
RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES CLASSLEADER'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Indemnification.
You agree to indemnify and hold
ClassLeader, and its affiliates, officers, agents, partners,
and employees, harmless from any claim or demand, including
reasonable attorney’s fees, made by any third party due
to or arising out of User Content you submit, post to,
e-mail or otherwise transmit, your use of the Service,
your connection to the Service, or your breach of the
Usage Agreement.
Service
Mark Notice.ClassLeaderTM,
the Electronic Classroom, ClassLeader logos are trademarks
or service marks of ClassLeader Inc. All other trademarks,
service marks, and logos used on ClassLeader.com are the
trademarks, service marks, and logos of their respective
owners.
Designated
Agent. The Digital
Millennium Copyright Act, signed into law on October 28,
1998, amended the copyright law to provide limitations
for service provider liability relating to material online.
All
inquiries into alleged copyright infringement on the ClassLeader.com
Service should be sent to ClassLeader, Inc. at the corporate
address.
Local Laws; Export Control. ClassLeader
controls and operates ClassLeader from its headquarters
in the United States and makes no representation that
the Content is appropriate or available for use in other
locations. If you use ClassLeader.com from other locations,
you are responsible for compliance with applicable local
laws, including, but not limited to, export and import
regulations of other countries. Unless otherwise explicitly
stated, all marketing or promotional material found on
ClassLeader.com are solely directed to individuals, companies
or other entities located in the United States States
or individuals, companies or other entities located in
the users own countries of origin.
Modifications to services. ClassLeader
reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, ClassLeader.com
with or without notice. You agree that ClassLeader will
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Changes
to the Usage Agreement. ClassLeader
reserves the right to modify the Usage Agreement at any
time. Any modifications shall be effective upon the posting
by ClassLeader of the modified Usage Agreement at http://www.ClassLeader.com.
You agree to review the Usage Agreement periodically so
that you are aware of any modifications. Your continued
use of the Service shall be deemed your acceptance of
the modified Usage Agreement.
Comments and Support. ClassLeader
actively solicits your comments with respect to ClassLeader.com
and its services in an effort to provide a service relevant
to your interests. However, ClassLeader may not be able
to respond to your feedback and is not obligated to implement
any suggestions, but that any information you provide
to ClassLeader will be considered non-confidential and
non-proprietary and may be used by ClassLeader in connection
with ClassLeader.com or its services. For questions concerning
how to use the services, about the features of the Service,
ClassLeader’s policies, please e-mail ClassLeader at info@ClassLeader.com.
Termination.
You may discontinue your participation
in and access to the Service at any time. The Usage Agreement
will continue to apply to all past use of the services
by you, even if you are no longer using it. You acknowledge
and agree that ClassLeader may terminate your use of all
or part of the service and ClassLeader.com, without prior
notice for any reason, including, without limitation,
if ClassLeader believes you have engaged in conduct prohibited
by this Usage Agreement. You agree that upon termination
or discontinuance for any reason, we may delete all information
related to you on the service and may bar your access
to ClassLeader.com and use of the services.
General.
By accessing ClassLeader.com,
you agree to the above stated Usage Agreement. This Agreement
is entered into in Florida and shall be construed in accordance
with the laws of Florida, exclusive of its choice of law
rules. Each party to this Usage Agreement submits to the
exclusive jurisdiction of the state and federal courts
having jurisdiction in Broward County Florida, and waives
any jurisdictional, venue, or inconvenient forum objections
to such courts. In any action to enforce this Usage Agreement,
the prevailing party will be entitled to costs and attorney
fees. In the event that any provisions of this Usage Agreement
are held to be unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary
so that this Usage Agreement shall otherwise remain in
full force and effect. This Usage Agreement and any posted
guidelines or rules applicable to certain services within
ClassLeader constitutes the entire understanding between
the parties pertaining to the subject matter hereof, and
any prior written or oral agreements between the parties
are expressly canceled.
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