This Agreement (the "Agreement") sets forth the terms and conditions which apply to the use by you of the PSK12.com web site (the "Site"). Your use of the Site constitutes your agreement to these terms and conditions. If you do not accept any of the terms and conditions stated here, do not use the Site.
- Your Rights
PSK12.com grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with this Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
- Subscription Terms
Certain features of the Site are available only through the purchase of a subscription. The following terms and conditions shall apply to any subscription service or services offered by PSK12.com.
(a) PSK12.com offers licenses for Personal Use or Business/Government/Organization Use. If you purchase a license for a Personal Use account then you can use the content on PSK12.com for your Personal Use ONLY. A Personal Use account CANNOT be used for Business/Government/Organization Use, and the account CANNOT be shared by multiple individuals. For Business/Government/Organization Use, you must purchase a license for a Business/Government/Organization Use. The purchase of a Business/Government/Organization Use account includes legal permission to share one account among fifteen users. If you have more than fifteen users, then you will need to purchase additional licenses.
Two-Day Satisfaction Guarantee
(b) You agree to pay the subscription charges set forth on the Site. PSK12.com reserves the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Site or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site. If any such change is unacceptable to you, you may terminate your subscription by sending a written notice to firstname.lastname@example.org. In the event that your subscription is terminated or canceled, no refund of any fees will be granted. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. In addition, you are responsible for any charges associated to connecting to the Site, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide PSK12.com (and PayPal) with accurate and complete information as to your name and e-mail address and payment information (e.g., credit card account information). Failure to do so shall constitute a breach of this Agreement.
(c) PSK12.com does not guarantee the accuracy, completeness, non-infringement, or timeliness of any information on the Site. PSK12.com also does not guarantee the updating of any information on the Site. PSK12.com will not be responsible for any errors, inaccuracies, omissions or deficiencies in the information provided on the Site. PSK12.com grants to the purchaser of a subscription a non-exclusive, non-transferable, limited right to access, use and display the information on the Site "as is," provided that you comply fully with this Agreement.
At PSK12.com, your satisfaction is guaranteed. If, within two days of signing up, you are not satisfied with our service, simply write us an email at email@example.com
with the reason for your dissatisfaction and we will give you a complete refund. Remember, you have to email us within two days of signing up and explain in detail why you are not satisfied. Refunds are made through PayPal only. Allow 10-15 business days for your refund to be processed.
You agree not to post, transmit or otherwise distribute to the Site any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us at firstname.lastname@example.org
You expressly agree not to use this Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
(i) use the Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
Copyright and Trademarks
(ii) use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or any data or content found on or accessed through the Site without prior express written consent;
(iii) obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site;
(iv) in any way bypass or circumvent any other measure employed to limit or prevent access to the Site or its content;
(v) violate the security of the Site or attempt to gain unauthorized access to the Site content, data, materials, information, computer systems, or networks connected to any server associated with this Site, through hacking, password mining, or any other means;
(vi) interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any data, content, or other information prior to the time that it is intended to be available to the public on the Site;
(vii) take or attempt any action that, in the sole discretion of this Site's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or such operation's infrastructure.
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and subscription services (collectively, the "Content") are owned or controlled by PSK12.com, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of PSK12.com.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of PSK12.com without the prior written permission of PSK12.com. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of PSK12.com;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that PSK12.com sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
PSK12.com may make available to users of the site, e-mail notices, newsletters, customer testimonials, message boards, bulletin board services, weblogs, chat rooms, or other interactive communication facilities by means of the Site (collectively, the "Forums"). PSK12.com cannot review all communications made on or through the Site. However, PSK12.com reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which PSK12.com in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any PSK12.com policy.
Communications with the Site
You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which:
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations or
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. PSK12.com does not endorse or accept any Communications as its own or representative of its views.
You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that:
(i) you have no expectation of privacy in any public Communication and
(ii) no confidential, fiduciary, contractually implied or other relationship is created between you and PSK12.com by reason of your transmitting a public Communication to any area of the Site. By transmitting any public Communication to the Site, you grant to PSK12.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.
You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by PSK12.com in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the subscription service, and agree that PSK12.com will have no obligations with regard thereto.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. PSK12.com reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that PSK12.com is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. PSK12.com shall not have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
Links to Other Sites
You represent and warrant to PSK12.com that you are of legal age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
You agree not to assign, transfer or sublicense your rights as a subscriber. You agree to be financially responsible for all usage or activity on your subscription account.
You hereby agree to indemnify, defend and hold harmless PSK12.com from and against any and all liability and costs incurred by PSK12.com in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. PSK12.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PSK12.com.
DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PSK12.com MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY PSK12.com. PSK12.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SUBSCRIPTION SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL PSK12.com, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR PSK12.com, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR SUBSCRIPTION SERVICES, EVEN IF PSK12.com, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PSK12.com HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SUBSCRIPTION SERVICES. YOU HEREBY RELEASE PSK12.com FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
Either you or PSK12.com may cancel or terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of PSK12.com in operating the Site, (ii) content available through the subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending a notice to PSK12.com at email@example.com
. Notice of termination will be effective upon receipt by PSK12.com. Without limiting the foregoing, PSK12.com reserves the right to immediately terminate this Agreement with respect to any user which PSK12.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. PSK12.com also reserves the right to restrict, suspend or terminate your access to the subscription service in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including annual subscription fee, will be granted. If PSK12.com terminates this Agreement based on a breach of any portion of this Agreement, PSK12.com reserves the right to refuse to provide a subscription to you in the future.
(a) PSK12.com has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of PSK12.com in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the subscription service, is to cancel your subscription by sending a notice to PSK12.com at firstname.lastname@example.org. In the event that your account is terminated or canceled, no refund of any fees, including annual subscription fee, will be granted.
(b) PSK12.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the subscription service. PSK12.com may also impose limits on certain features and services or restrict your access to parts or all of the PSK12.com Site without notice or liability.
This Agreement constitutes the entire agreement between you and PSK12.com with respect to the subject matter hereof, and supersedes all previous written or oral agreements between you and PSK12.com with respect to such subject matter. Failure by PSK12.com to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the State of New York, without regard to its conflict of laws rules. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.