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Please read the following Membership Agreement.
Please read these Terms carefully before using Time2Learn.com. By
using Time2Learn.com, you indicate your agreement to these Terms
of Use. If you are not agreeable to these Terms of Use, please do
not use Time2Learn.com.
Restrictions on Use of Materials
You acknowledge that this site may contain information, communications,
software, photos, text, video, graphics, music, sounds, images and
other material and services (collectively "Content"),
which is generally provided by Time2Learn.com. You agree and acknowledge
that, notwithstanding that Time2Learn.com permits access to the Content,
the Content is protected by copyrights, trademarks, and other proprietary
(including intellectual property) rights (collectively "Rights"),
that these Rights are valid and protected in all media now existing
or later developed, and that except as specifically provided in
these Terms, your use of the Content shall be governed and constrained
by applicable copyright, trademark and other intellectual property
laws. In addition to Time2Learn.com and its licensors' Rights in
individual elements of the Content, Time2Learn.com owns a copyright
in the selection, coordination, arrangement and enhancement of the
Content. You may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create derivative works from, distribute,
perform, display, incorporate into another web site, or in any other
way exploit any of the Content, in whole or in part except for personal
or classroom educational purposes. No other use may be made of the
content without the express written permission of Time2Learn.com.
Third Party Property
You agree that you may upload to the software files, or otherwise
transmit on or through this site, only Content that is not subject
to any Rights, or Content in which any holder of Rights has given
express authorization for distribution on the Internet. By submitting
Content to any "Public Area" you automatically grant,
or warrant that the owner of such Content has expressly granted,
the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such Content
(in whole or part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed for
the full term of any Rights that may exist in such Content. By using
any features on this site which allow you to post text, graphics
or other data ("Content"), you agree that you will not
use such features to transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable. You also agree that you will not transmit
any Content that you do not have a right to transmit or any Content
that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party. You also agree that you will
not transmit any Content designed to harm another person or to cause
damage to any computer system. You acknowledge that Time2Learn.com
does not screen Content, but that Time2Learn.com shall have the right
(but not the obligation) in their sole discretion to refuse or move
any Content. Time2Learn.com shall have the right to remove any Content
that violates these terms and may remove and bar any person who
violates these terms. You acknowledge and agree that Time2Learn.com
may disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Time2Learn.com,
the users of this site, and the public.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL Time2Learn.com BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS
ON THIS SITE, EVEN IF Time2Learn.com OR A Time2Learn.com AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Time2Learn.com'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Time2Learn.com DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Time2Learn.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Time2Learn.com
DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND
NOT Time2Learn.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Unsolicited Submissions
Time2Learn.com welcomes comments regarding its products and services.
However, Time2Learn.com's policy is not to accept or consider creative
ideas, suggestions or materials other than those it has specifically
requested. We hope you will understand that the intent of this policy
is to avoid misunderstandings when projects developed by Time2Learn.com's
staff are similar to someone else's creative work. Accordingly,
we must ask that you do not send us any such ideas. While we value
your feedback on our services and products, we ask that you be specific
in your comments on those services and products and not submit any
creative ideas, suggestions or materials. If, despite our request
that you do not do so, you send us creative suggestions, ideas,
notes, drawings, concepts or other information (collectively, the
"Information"), the Information shall be deemed, and shall
remain, the property of Time2Learn.com. None of the Information shall
be subject to any obligation of confidentiality on the part of Time2Learn.com
and Time2Learn.com shall not be liable or owe any compensation for
any use or disclosure of the Information, other than such liability
as arises out of the copyright or patent laws of the United States.
Jurisdictional Issues
Unless otherwise specified, the materials in the site are presented
solely for the purpose of promoting products available in the United
States, its territories, possessions and protectorates. Time2Learn.com
may change, add or delete programs described in this Web site at
any time without notice. This site is controlled and operated by
Time2Learn.com from its offices within the State of Florida, United
States of America. Time2Learn.com makes no representation that materials
in the site are appropriate or available for use outside the United
States. Those who choose to access this site from outside the United
States do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Termination
This agreement is effective until terminated by either party. You
may terminate this agreement at any time and Time2Learn.com will
have no obligation to provide further access to member content areas
of the Web site or to provide any pro-rata refund of, or credit
for unused enrollment fees thereof, whether made under the terms
of this agreement or otherwise. This agreement will terminate immediately
without notice from Time2Learn.com if in Time2Learn.com's sole discretion
you fail to comply with any term or provision of this agreement.
Changed Terms
Time2Learn.com has the right at any time to change or modify these
Terms & Conditions of Use applicable to use of the site, or
any part thereof, or to impose new conditions. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by any means including, without limitation,
posting on the site, or by electronic or conventional mail, or by
any other means. Any use of the site by you after such notice shall
be deemed to constitute acceptance of such changes, modifications,
additions or deletions.
Other
This agreement shall be governed by and construed in accordance
with the laws of the State of Florida, without giving effect to
any principles of conflicts of law. If any provision of this agreement
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the
subject matter herein and shall not be modified except in writing,
signed by both parties. Any action or lawsuit regarding or relating
to this site, for breach of any of its terms or for amounts owed
to Time2Learn.com shall have venue in the courts of Broward County,
Florida. The prevailing party shall be entitled to recover its attorney's
fees and costs from the non-prevailing party in any such action
or lawsuit.
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