Terms of Service
Last Updated December 2015
Entrusting, Inc. welcomes you. Entrusting, Inc. dba Beginner’s School and Renewing the Renaissance (“Entrusting,” “our,” “us,” or “we”) provides Services (defined below) through its websites at:
Of course, if you do not agree to these Terms, then please do not access or use the Services.
By accessing or using the Services, you state that:
- You are willing and able to enter a binding contract with us;
- If you are at least 13, but are still a minor (this depends on where you live), your parent or legal guardian has reviewed and agreed to these Terms; and
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations as well as all of our additional policies, terms, guidelines, and rules.
If you are accessing or using the Services on behalf of a business, another entity, or third party, you state that you are authorized to agree to these Terms and to grant all the licenses set forth in these Terms on behalf of that business, entity, or party.
- Your Acceptance of This Agreement
- Description of our Services. We are pleased to provide users with access to our websites featuring a rich collection of resources, information, features, content, and applications associated with the arts and arts education (collectively, the “Services”).
- BY ACCESSING OR USING OUR SERVICES, you are accepting AND AGREEING TO these Terms, AND YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US BASED ON THESE TERMS. You further agree and understand that you are bound by the Beginner’s School User Responsibilities policy, and any of our additional policies, terms, guidelines, and rules – all of the foregoing are incorporated by reference into these Terms. If you do not agree to any element of these Terms, please do not access or use the Services.
- These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or all updates will be reflected on these pages and we will change the Last Updated date above. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our sending of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes in the Last Updated date in these Terms. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- License to Use the Services—Permissions and Restrictions
- Your License. Entrusting grants you a personal, non-transferable, non-exclusive, revocable, royalty-free, limited license to use and access the Services solely for your own personal, noncommercial use as permitted by these Terms.
- Account Creation. In order to use certain features of the Services, you may need to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (i) all required registration information you submit is truthful and accurate and (ii) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions. We may suspend or terminate your Account in accordance with these Terms. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Restrictions. The rights granted to you in these Terms are subject to the following restrictions:
(i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (ii) you shall not alter, modify, copy, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive website, product, or service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
You further agree:
- Not to distribute in any medium any part of the Services without our prior written authorization, unless we make available the means for such distribution through functionality offered by the Services.
- Not to use the Services for any of the following commercial uses unless you obtain our prior written approval: (a) the sale of access to the Services; (b) the sale of advertising, sponsorships, or promotions placed on or within the Services; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Services.
- Not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
- Not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services (e.g., user or contributor comments, email) for any commercial purposes.
- Not to solicit, for commercial purposes, any users of the Services.
- No Support or Maintenance. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Services.
- We reserve the right to discontinue any aspect of the Services at any time.
- Your Use of Content. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- “Content” means and includes the Services and all other features, functionality, materials, information, services, software, and web pages associated with the Services, including without limitation, all articles, text, graphics, photos, sounds, audio clips, music, illustrations, videos, images, documents, audiovisual combinations, interactive features, instructional materials, html, source code, object code, and all other materials you may view on, access through, or contribute to the Services, including all intellectual property rights associated therewith.
- Ownership of Excluding any User Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, and trade secrets, in the Services and Content are owned by us, our suppliers, or affiliates. Neither these Terms (nor your access or use of the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights in the Content or Services, except for the limited access rights expressly set forth in the limited license granted above. We and our suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
- Content is provided “AS IS”. You may access Content for your information, noncommercial, and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms. You shall not download any Content unless you see a “download” or similar link displayed by us for that particular Content.
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any purposes without the prior written consent of us or the respective owner of the Content. We and our licensors reserve all rights not expressly granted in and to the Services and the Content. You agree not to circumvent, disable, or otherwise interfere with any features (whether security-related or others) of the Services or Content that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
- User Content, License, and Conduct
- User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., any and all content in the user’s profile or postings, including without limitation, your name, your likeness, your videos, your text, your images, and/or your work product). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined below), the intellectual property rights of others, or any other laws and rules. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by us without or written authorization. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or any other laws, rights, or rules. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. We do not endorse any User Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We do not permit copyright infringing activities or infringement of intellectual property rights on the Services, and we will remove all User Content if properly notified that such User Content infringes on our or another’s intellectual property rights. We reserve the right to remove User Content without prior notice.
- You hereby grant (and you represent and warrant that you have the right to grant) to us a worldwide, perpetual, nonexclusive, royalty-free and fully paid, sublicensable, and transferable license to host, store, use, modify, adapt, edit, broadcast, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content in any form and in any and all media or distribution methods (now known or later developed) for any of our business purposes, including, without limitation, for operating, developing, providing, promoting, improving, and redistributing the Services. You further agree to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the Services to collect, upload, transmit, display, or distribute any material whatsoever, including without limitation, User Content that (a) that violates our or any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) that is harmful to minors in any way; or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by us or any third party.
- In addition, you agree not to: (a) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (f) harass or interfere with any other user’s use and enjoyment of the Services; or (g) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
- Beginner’s School. Subject to the Accessible Use Policy terms above, the following terms also apply for Beginner’s School users: (i) as a Beginner’s School user, you may submit User Content to the Services, including videos, articles, and user comments for reasons related to the Services; (ii) you agree that we do not guarantee any confidentiality with respect to any User Content you submit; (iii) you agree to be solely responsible for your User Content and the consequences of submitting and publishing your User Content on the Services; (iv) you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; (v) you agree that you will not submit to the Services any User Content or other material that is contrary to the Beginner’s School User Responsibilities policy; (vi) you agree not to submit to the Services any User Content or other material that is or contrary to applicable local, national, or international laws and regulations; (vii) you retain all of your ownership rights in your User Content, but by submitting User Content to us via the Beginner’s School website, you hereby grant us, our successors, and affiliates the licenses to use your User Content as set forth in these Terms; and (viii) for User Content that is a video, you may request in writing that we terminate the video within a period of time that we deem commercially reasonable after you remove or delete your videos from the Services, but you understand and agree that we may retain server copies of your videos that have been removed or deleted.
- We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy, any other provision of these Terms, any laws or rules, or you otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with these Terms, and/or reporting you to law enforcement authorities as we deem appropriate.
- Third-Party Links and Ads. The Services may contain links to third party websites and services, products, and/or display advertisements for third parties (collectively, “Third-Party Links and Ads”). Such Third-Party Links and Ads are not owned or controlled by us. We have no control over, and assume no responsibility for, any Third-Party Links and Ads. Third-Party Links and Ads are only provided as a convenience. You use all Third-Party Ads and Links at your own risk, and you should apply an appropriate level of caution and discretion when doing so. In addition, we will not and cannot censor or edit the content of any Third-Party Links and Ads.
- You hereby release and forever discharge us (and our owners, operators, affiliates, licensors, licensees, officers, employees, agents, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third-Party Links and Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Termination and Suspension. Subject to this Section, these Terms will remain in full force and effect while you access or use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, you are still bound by these Terms whenever you use or access the Services.
- Copyright Policy & Digital Millennium Copyright Act
- We respect the intellectual property rights of others and ask that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Services who are repeat infringers of intellectual property rights, including copyrights
- If you are a copyright owner or an agent thereof and believe that any Content or User Content on our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you ask us to remove;
- Sufficient information to permit us to locate the material identified;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the owner of the copyright owner.
- Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
- Our designated Copyright Agent to receive notifications of claimed infringement is:
1455 Arbor Ave
Los Altos, CA 94024
- For clarity, only DMCA notices should go to the Copyright Agent, who will respond as soon as possible to any notifications. Any other feedback, comments, questions, requests for technical support, and other communications should be directed to: email@example.com.
- You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
- Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- Your name, address, telephone number, and e-mail address; a statement that you consent to the jurisdiction of the federal court in San Francisco, California; and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- Trademarks. All logos, icons, designs, titles, slogans, devices, product names, and service names that serve a source identifying function (“Trademarks”) contained in the Services are Trademarks of Entrusting or the relevant third party. The term Trademarks includes, without limitation, the look and feel, and trade dress associated with our Services. These Trademarks may not be copied, imitated, or used, in whole or in part, without first obtaining our written permission or the written permission from the appropriate third party. For example, you may not use any meta-tags or any related technology utilizing our Trademarks or third party Trademarks found on the Services without first obtaining written permission from us or the appropriate third party. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. You may not remove or otherwise modify any trademark notices from the Services.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT IN CONNECTION WITH YOUR USE OF THE SERVICES. WE (AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, CORRECTED, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. FURTHER, WE (AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, CONTENT, USER CONTENT, OR THE CONTENT OF ANY SITES OR ADS LINKED TO THIS SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO (I) THESE TERMS, (II) YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY (III) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (IV) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VI) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (VII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VIII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR USER CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Services are offered by US from OUR facilities in the United States of America. WE make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify and hold us (and our owners, operators, affiliates, licensors, licensees, officers, employees, and agents) harmless from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including costs and attorneys’ fees), or demands made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your violation of any third party right, including without limitation any copyright, property, intellectual property, or privacy right, or (e) any claim that your User Content caused damage to a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You further agree and understand that when using the Services, you may be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights in, or relating to, such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
These Terms and all rights and licenses granted hereunder, may be assigned by without limitation by us, our affiliates, or owners; but none of the rights or licenses granted to you may be transferred or assigned by you or anyone else.
- Disputes & Governing Law
These Terms are governed and construed in accordance with the laws of the State of California, without regard to its conflict of laws, provisions and regardless of the state or country in which you reside or from where you access the Services. You understand and agree that: (i) the Services are based solely in California; and (ii) the Services are deemed to be a passive website(s) that does/do not give rise to personal jurisdiction over us, either specific or general, in any jurisdiction other than California. Any claim or dispute between you and us arising in whole or in part from the Services will be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, or the U.S. District Court for the Northern District of California. You agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. These Terms, together with our Beginner’s School User Responsibilities policy and all additional policies, terms, guidelines, rules and any other legal notices published by us on the Services, constitute the entire agreement between you and us concerning the Services, and supersede and replace any prior agreements between you and us regarding the use of the Services.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any heading, caption, or paragraph title used in these Terms are for convenience only and in no way define any section, paragraph, or provision in these Terms.
If you have any questions about these Terms, please contact us:
By email: firstname.lastname@example.org
By phone: (650)941-9408