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Terms of Service

Terms of Service

  1. Acceptance of Terms and Disclaimers. USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON THE USER ACCEPTING EACH AND EVERY PROVISION CONTAINED IN THESE TERMS OF WEB SITE USE AND DISCLAIMERS AND IN THE PRIVACY POLICY. Please read these provisions carefully. Additionally, LearningStation.com, Inc. (‘LSI’) reserves the right to change, revise, modify, alter and/or update the Site, these Terms of Web Site Use and Disclaimers, and the Site’s Privacy Policy at any time in the future without providing advance notice to Site users. When changes are made, the current Terms of Web Site Use and Disclaimers and Privacy Policy will be placed on the Site. Users concerned about whether such changes have been made should periodically check the Site and view the then current Terms of Web Site Use and Disclaimers and Privacy Policy. If you do not want to accept each and every provision contained in these Terms of Web Site Use and Disclaimers and each and every provision contained in the Site’s Privacy Policy, then please do not use the Site. Your use of this Site indicates your acceptance of these Terms and Disclaimers and of the Privacy Policy. LSI reserves the right to deny access to the Site to any user who does not comply with these Terms of Web Site Use and Disclaimers.
  2. Information on the Site may not be Accurate. While LSI makes every reasonable effort to ensure the accuracy of information on this Site, ALWAYS REVIEW AND VERIFY INFORMATION ON THIS SITE BEFORE RELYING ON OR MAKING ANY DECISIONS BASED ON SUCH INFORMATION. Users of the Site acknowledge that any reliance on such Site information shall be at the user’s sole risk and agree that LSI shall have no responsibility for actions resulting from such reliance and no liability for any loss resulting from such actions.
  3. LSI is not Responsible for Content on or Practices of Linked Sites. For the convenience of our users, our Site includes links to a number of web sites operated by other companies. Also, many of the applications we make available to our clients are made available from the web sites of our content providers through our Site. For example, an authorized user viewing an educational desktop on our Site may activate an icon which acts as a link, accessing the web site of one of our content providers. LSI has no control over the operation or content of such third party sites. Accordingly, users of the LSI Site acknowledge that LSI is not responsible for the availability of, or content located on or through, any such third party sites. We recommend that our users read and understand the privacy policies of each linked web site that they visit. If you are ever unclear about whether any particular application or content is being provided by a linked third party web site, please contact us using the information available on our Site. Please note that some of the sites to which we link contain search engines, or contain further links to web sites containing search engines, and thus it may be possible for users of our Site to access material that may be inappropriate for their viewing. Users of the LSI Site also acknowledge that the presence of a link on the Site does not constitute an endorsement or opinion regarding the third party operators of such linked sites or regarding the products, services, advertisements or content available on such third party sites.
  4. Disclaimer of all Warranties. Each user of this Site acknowledges that the Site and any information available thereon are provided on an “AS IS” and “AS AVAILABLE ” basis and that use of the LSI Site is at the user’s sole risk. LSI makes no warranty whatsoever about this Site, its operation or availability, the accuracy of the information provided on the Site, the products or services displayed on the Site, the security of the Site or about any other matter. Moreover, to the maximum extent provided by law, LSI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Specifically, with respect to any and all issues arising from or related to the Site, any goods or services advertised, purchased or obtained through the Site, and any transactions entered into through the Site, LSI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LSI makes no warranty that the Site will satisfy any user’s requirements or that the Site will be uninterrupted, timely, secure, virus free, or error free. LSI makes no representation or warranty regarding the results obtainable from the use of the Site, the accuracy, reliability, or security of any communications or transmissions between the Site and users, or the accuracy of any information obtained through the Site. BECAUSE THE LEGALITY OF WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE, USERS SHOULD INDEPENDENTLY VERIFY WHETHER THE WARRANTY DISCLAIMERS CONTAINED IN THESE TERMS OF WEB SITE USE AND DISCLAIMERS ARE APPLICABLE TO THEM. Users of the Site agree that any material and/or data downloaded or otherwise obtained through the use of the Site is done at the user’s own discretion and risk and that the user will be solely responsible for any and all damage or losses resulting from reliance on such material or data and for any damage to the user’s computer system or loss of data that results from the download of such material and/or data.
  5. Limitation of Liability. Users of the LSI Site agree that they will hold harmless LSI and its directors, officers, and employees from any and all claims arising out of the Site, including without limitation, claims relating to a user’s use of the Site, claims relating to the access or lack of access to the Site, claims relating to content or security of information contained on the Site or on any other web site having a link on the Site, and claims relating to products or services displayed, presented or advertised on the Site. USERS OF THE SITE FURTHER AGREE THAT UNDER NO CIRCUMSTANCES WILL LSI OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER ARISING FROM THE USE OF THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF LSI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Users agree that their exclusive remedy with respect to information provided by LSI relating to the Site, and LSI’s exclusive liability, is limited to a good faith effort by LSI to correct or remove erroneous information after verification of the error or, in states where such a limitation is prohibited by law, then the liability of LSI is limited to the minimum liability allowable by law in those states. Users agree that the above limitations will apply notwithstanding any failure of essential purpose of any limited remedy. BECAUSE THE LEGALITY OF LIMITATIONS OF LIABILITY MAY VARY FROM STATE TO STATE, USERS SHOULD INDEPENDENTLY VERIFY WHETHER THE LIABILITY LIMITATIONS CONTAINED IN THESE TERMS OF WEB SITE USE AND DISCLAIMERS ARE APPLICABLE TO THEM.
  6. Intellectual Property. All content on this Site, including but not limited to content such as text, designs, graphics, logos, interfaces and images, and the collection, selection and arrangement thereof, is the subject of copyright and is the property of LSI or its content suppliers or technology partners. All software used on this Site is the subject of copyright and is the property of LSI or its software suppliers. Users of the Site acknowledge that the content and software on this Site are to be used as an informational resource only and agree that any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content and/or software on this Site without written permission of LSI is strictly prohibited. The preceding restriction does not preclude such automated copying as is necessary for operation of the user’s browser for the purposes of using the Site for its intended purposes, such as caching web Site contents or loading the contents into a computer’s RAM.
  7. Governing Law. LSI is located in and operates the Site from the state of North Carolina, but the Site can be accessed by users in other states and in other countries. Because each of these other states and countries may have laws that differ from the laws of North Carolina, users of this Site agree that these Terms of Web Site Use and Disclaimers and the Site’s Privacy Policy will be governed and construed under the laws of the state of North Carolina, without reference to the choice of law provisions thereof. LSI makes no representation that accessing the Site is appropriate, available, or legal from any particular state, city, territory, country or location. It is thus the user’s responsibility to ensure that the user’s use of the Site is in compliance with applicable local laws and regulations. Accessing the Site from any location in which the policies, services, or content of the Site is illegal is prohibited. Each user agrees that if any provision or portion of these Terms of Web Site Use and Disclaimers or the Site’s Privacy Policy is not given legal effect by an arbitrator or court of competent jurisdiction, such provision or portion shall drop out of these Terms of Web Site Use and Disclaimers or Privacy Policy and the remaining provisions and portions shall be construed and enforced. For Site users having no written agreement with LSI, these Terms of Web Site Use and Disclaimers constitute the entire agreement between the parties regarding use of the Site, superseding any and all previous oral or written representations, communications, or understandings. For Site users with which LSI has entered into a separate written agreement, these Terms of Web Site Use and Disclaimers are intended to be read and construed in conjunction with each of said other written agreements. In the event of a direct conflict between these Terms and any other written agreement with LSI, the terms of the other written agreement shall govern. The waiver by LSI of any violation of a provision of these Terms of Web Site use and Disclaimers shall not operate or be construed as a waiver of any other violation of a provision.
  8. Submissions to LSI. We at LSI value your feedback and suggestions to improve our service. We do not, however, wish to receive any proprietary or confidential information from you by electronic mail or through our Site. If a Site user chooses to make a submission or send an email message to us, then by so doing the user (a) represents to us that the material submitted in the message is not confidential or proprietary and (b) agrees that LSI has no obligations with respect to the materials or suggestions submitted and that LSI is therefore free to copy, disclose, incorporate, republish and otherwise use or distribute the material or suggestions submitted by the user without providing payment or attribution to the user.
  9. Accurate Information. Each Site user represents that any and all data, including personal information, provided by the user will be accurate and complete to the best of the providing user’s knowledge.
  10. User Conduct. Site users agree not to use the Site: for any illegal purposes; to send or post advertisements or solicitations or bulk email messages; to harass, libel, defame or threaten others; to disrupt operation of the Site for other authorized Site users; to send, receive or post any vulgar, obscene, pornographic or otherwise objectionable materials; or to harvest or collect information from other Site users. LSI reserves the right to terminate access to any user who, in LSI’s sole discretion, violates these Terms of Web Site Use and Disclaimers. LSI also reserves the right to remove any posting or user submission from its Site.
  11. Passwords and Security. Site users will receive a unique User ID and Password to access the Site from LSI or from its client schools. Site users agree to (i) use reasonable care to protect the confidentiality of their User ID and Password; (ii) not disclose, transfer, or assign their User ID or Password to a third party, without the express written consent of LSI; and (ii) accept responsibility for all activities that occur under the Site user’s account. Site users shall notify LSI immediately of any unauthorized use of a Site user’s User ID and Password. LSI shall not be responsible for any losses incurred by Site users as a result of someone else using a Site user’s User ID and Password, whether with or without the Site user’s knowledge. However, Site users may be responsible for losses incurred by LSI or a third party due to someone else using a Site user’s User ID and Password.
  12. Indemnity. Users of this Site agree to indemnify, defend and hold harmless LSI , its directors, officers and employees, against any and all damages and losses arising out of the user’s use of this Site or violation of these Terms of Web Site Use and Disclaimers.
  13. Arbitration. Any controversy, claim or dispute arising out of or relating to use of the Site or these Terms of Web Site Use and Disclaimers shall be determined by binding arbitration; provided, however, that any party that wishes to institute arbitration proceedings must first notify in writing the other party of its intent to initiate such proceedings, and demand for arbitration may not be made until after the date twenty-one (21) days from the date such notice is sent. All arbitration proceedings between LSI and Site users shall be administered by the office of the American Arbitration Association (“AAA”) in Charlotte, North Carolina, and all hearings shall be held in Charlotte, North Carolina. All such arbitration proceedings shall be conducted in accordance with the commercial arbitration rules of the AAA in force as of the date demand for arbitration is made. The parties agree to abide and be bound by all decisions and awards rendered by the arbitrator. Judgment upon such decisions and awards may be entered in any court having jurisdiction.
 

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