LEGAL
TERMS TERMS OF USE:
Please read this Agreement carefully before accessing the Reflective Educational
Perspectives Web site. As a condition to and in consideration of receiving
and accessing the Reflective Educational Perspectives Web site, the User
agrees to be bound by the terms of this Agreement. Use of or access to
the Reflective Educational Perspectives Web site shall constitute acceptance
of and agreement to be bound by this Agreement. IF YOU DO NOT WISH
TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE Reflective Educational
Perspectives Web site. If you have any questions about this Agreement,
please contact us via e-mail at LearningSuccess Institute.com
.
Reflective Educational Perspectives Classifieds Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between Reflective
Educational Perspectives and any individual, corporation, association,
agency, company, or other entity who accesses or uses the Reflective Educational
Perspectives Classifieds (the "User" or "you").
The Reflective Educational Perspectives Web site, which is provided without
charge to you, is a World Wide Web site on the Internet that is designed
to allow users to post ads and/or to view ads posted by other users or
interact with those users. The Reflective Educational Perspectives Web
site is owned and operated by Reflective Educational Perspectives.com.
The Reflective Educational Perspectives Web site contains or may contain
information, communications, opinions, text, graphics, links, electronic
art, animations, audio, video, software, photos, music, sounds and other
material and data (collectively, "Content") formatted, organized
and collected in a variety of forms that are generally accessible to Users,
including directories and databases, and areas of the Reflective Educational
Perspectives Web site that can be modified by Users, such as posting ads,
uploading multimedia files, registering user profiles, and creating Auto-Notify
profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the Reflective Educational Perspectives
Web site.
You are responsible for providing all hardware, software, telephone or
other communications equipment and/or service to connect to the Internet
and access the Reflective Educational Perspectives Web site and are responsible
for all Internet access charges, telephone charges or other fees or charges
incurred in connecting to the Internet and accessing the Reflective Educational
Perspectives Web site.
1.2 User Conduct.
You agree to access and use the Reflective Educational Perspectives
Web site only for lawful purposes. You are solely responsible for the
knowledge of and adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of the Reflective Educational Perspectives
Web site, including any Interactive Area, (ii) the use of any networks
or other services connected to the Reflective Educational Perspectives
Web site, and (iii) the communications means by which you connect your
modem, computer, or other equipment to the Reflective Educational Perspectives
Web site. By accessing the Reflective Educational Perspectives Web site,
you agree that you will not:
(1) restrict or inhibit any other user from using and
enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national,
or international law;
(3) post or transmit any information, software, or other
material which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights or which
is protected by copyright, trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining permission from the
owner or right holder.
(4) post or transmit any information, software or other
material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications
that are not your own Content or to otherwise interfere with the ability
of others to access the Reflective Educational Perspectives Web site;
(6) disrupt the normal flow of communication in an Interactive
Area;
(7) claim a relationship with or to speak for any business,
association, institution or other organization for which you are not authorized
to claim such a relationship;
(8) violate any operating rule, policy or guideline
of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 Reflective Educational Perspectives Web
site content.
(a) You acknowledge that Content on the Reflective Educational
Perspectives Web site is generally provided by the Reflective Educational
Perspectives Web site, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that the Reflective
Educational Perspectives Web site permits access to Content that is protected
by copyrights, trademarks, and other proprietary (including intellectual
property) rights ("Intellectual Property Rights"), and that
these Intellectual Property Rights are valid and protected in all media
existing now or later developed and except as is explicitly provided below,
your use of Content shall be governed by applicable copyright and other
intellectual property laws. You acknowledge that the Reflective Educational
Perspectives Web site owns a copyright in the "look and feel,"
i.e., the selection, coordination, arrangement and presentation of such
Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer or
commercially exploit any of the Content, in whole or in part, provided,
however, that you may (i) make a reasonable number of digital or other
form of copies to permit your computer hardware and software to access
and view the Content, (ii) print one copy of each piece of Content, (iii)
make and distribute a reasonable number of copies of Content, in whole
or in part, in hard copy or electronic form for internal use only. Any
permitted copies of Content must reproduce in an unmodified form any notices
contained in the Content, such as all Intellectual Property Right notices,
and an original source attribution to "The Reflective Educational
Perspectives Web site" and its URL address. You acknowledge that
the Reflective Educational Perspectives Web site, its Contributors, and/or
Users remain the owners of the Content and that you do not acquire any
Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish,
reproduce or distribute, on or through the Reflective Educational Perspectives
Web site only Content that is not subject to any Intellectual Property
Rights, or Content in which any holder of Intellectual Property Rights
has given express authorization for distribution over the Internet and
on the Reflective Educational Perspectives Web site, without restriction
whatsoever. Any Content submitted with the consent of a copyright owner
other than you should contain a phrase such as "Copyright owned by
[name of owner]; Used by Permission." By submitting Content to any
Interactive Area, you automatically grant and/or warrant that the owner
of such Content, whether it be You or a third party, has expressly granted
to the Reflective Educational Perspectives Web site the royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, sublicense, distribute, perform, and display such Content,
in whole or in 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 Intellectual Property Rights that may exist in such Content.
You also permit the Reflective Educational Perspectives Web site to sublicense
to third parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any User
to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that the Reflective Educational Perspectives Web site
may include various interactive areas ("Interactive Areas"),
including but not limited to ads. These Interactive Areas allow feedback
to the Reflective Educational Perspectives Web site and real-time interaction
between users. You further understand that the Reflective Educational
Perspectives Web site does not control the messages, information, or files
delivered to such Interactive Areas and that the Reflective Educational
Perspectives Web site may offer you and other Users the capability of
creating and managing an Interactive Area. However, neither the Reflective
Educational Perspectives Web site, its subsidiary and parent companies,
or affiliates, nor their respective directors, officers, employees and
agents are responsible for Content within any Interactive Area. Your use
and/or management of an Interactive Area will be governed by this Agreement
and any additional rules or operating procedures of any Interactive Area
established by you or another User, as applicable. You recognize that
the Reflective Educational Perspectives Web site cannot, and does not
intend to, screen communications in advance. Moreover, because the Reflective
Educational Perspectives Web site encourages open and candid communication
in the Interactive Areas, the Reflective Educational Perspectives Web
site cannot determine in advance the accuracy or conformance to this Agreement
of any Content transmitted in an Interactive Area. The Reflective Educational
Perspectives Web site is not responsible for screening, policing, editing,
reviewing or monitoring any Content in an Interactive Area. Notwithstanding
the above, you agree that the Reflective Educational Perspectives Web
site has the right to monitor any Interactive Area, from time to time
and to disclose any information as necessary to satisfy any law, regulation
or other governmental request, to operate the Interactive Area, or to
protect itself or other Users. If notified of Content that is alleged
not to conform to this Agreement, the Reflective Educational Perspectives
Web site may investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content. The Reflective
Educational Perspectives Web site reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit, refuse
to post, or to remove any Content, in whole or in part, which it deems
in its sole discretion to (i) violate the then-standard provisions of
this Agreement or any other standard, written Reflective Educational Perspectives
Web site policy in effect at that time, (ii) be harmful to the rights
of any User, the Reflective Educational Perspectives Web site, or other
third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines,
or practices of the Reflective Educational Perspectives Web site in operating
the Reflective Educational Perspectives Web site, or any change in Content,
is for you to discontinue accessing the Reflective Educational Perspectives
Web site. The Reflective Educational Perspectives Web site may terminate
or temporarily suspend your access to all or any part of the Reflective
Educational Perspectives Web site, without notice, for conduct that the
Reflective Educational Perspectives Web site believes is a violation of
this Agreement or any policies or guidelines posted by the Reflective
Educational Perspectives Web site, or for other conduct which the Reflective
Educational Perspectives Web site believes, in its sole discretion, is
harmful to the Reflective Educational Perspectives Web site or other Users.
The Reflective Educational Perspectives Web site may discontinue operating
the Reflective Educational Perspectives Web site and terminate this Agreement
without notice at any time for any reason in its sole discretion. In the
event of termination, you are no longer authorized to access the Reflective
Educational Perspectives Web site, including the Interactive Areas, and
the restrictions imposed on you with respect to Content downloaded from
the Reflective Educational Perspectives Web site, as well as the disclaimers
and limitations of liabilities set forth in this agreement, shall survive.
5. Products;
Disclaimers Of Warranties; Limitations of Liability
By use of any information and hyperlinks (collectively called "Materials"),
or purchase of any products or services (collectively called "Products")
communicated through this Internet Web site, listserver, e-mail server,
domain name server (collectively called "Service"), you hereby
acknowledge, and agree to the following:
We and our dealers, associates, agents and licensors expressly do not
make any warranties, including, without limitation, warranties of fitness
for a particular purpose, as well as warranties of accuracy, completeness,
currentness, noninfringement, merchantability with respect to the Service,
the Materials, or the Products provided or offered here.
Neither we nor any of our dealers, associates, agents and licensors shall
be liable for any direct, indirect, incidental, punitive, or consequential
loss, damage or injury of any kind whatsoever in connection with the Service,
even if advised on the possibility of such damages.
In no case shall our liability, as well as the liability of our dealers,
associates, agents and licensors, if any, arising out of any kind of legal
claim (whether in contract, tort or otherwise) in any way connected with
the Service, the Material, or the Products, exceed the total dollar amount
you paid us or our dealers, associates, agents and licensors.
By using the Service you assume full responsibility for the use of all
Materials and Products. You assume full responsibility for adherence to
any and all applicable laws and regulations, including federal, state
and local, governing professional licensing, advertising, business practices,
and all other aspects of doing business in the United States or any other
jurisdiction. Any Materials, Products, and offerings are void where prohibited
by law.
6. Links; Disclaimers Of Warranties; Limitations of Liability
6.1 Links.
You understand that except for Content, products or services expressly
available at the Reflective Educational Perspectives Web site, neither
the Reflective Educational Perspectives Web site, its subsidiary and parent
companies, or affiliates, or their respective directors, officers, employees,
and agents controls, provides, or is responsible for any Content, goods
or services available through sites on the Internet linked to or from
the Reflective Educational Perspectives Web site. All such Content, goods
and services are made accessible on the Internet by independent third
parties and are not part of the Reflective Educational Perspectives Web
site or controlled by the Reflective Educational Perspectives Web site.
The Reflective Educational Perspectives Web site neither endorses nor
is responsible for the accuracy, completeness, usefulness, quality or
availability of any Content, goods or services available on any site linked
to or from the Reflective Educational Perspectives Web site, which are
the sole responsibility of such independent third parties, and your use
thereof is solely at your own risk. Neither the Reflective Educational
Perspectives Web site, its subsidiary and parent companies, or affiliates,
or their respective directors, officers, employees, and agents shall be
held responsible or liable, directly or indirectly, for any loss or damage
caused or alleged to have been caused by your use of or reliance on any
Content, goods or services available on any site linked to or from the
Reflective Educational Perspectives Web site or your inability to access
the Internet or any site linked to or from the Reflective Educational
Perspectives Web site.
6.2 Disclaimer of Warranties.
Please use your best judgment in evaluating all information contained
or opinions expressed on the Reflective Educational Perspectives Web site.
It is the policy of the Reflective Educational Perspectives Web site not
to endorse or oppose any opinion expressed by a User or Content provided
by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE Reflective Educational Perspectives Web site IS AT
YOUR SOLE RISK. NEITHER THE Reflective Educational Perspectives Web site
NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES,
LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES
WARRANTS THAT THE Reflective Educational Perspectives Web site OR ANY
INTERNET SITE LINKED TO OR FROM THE Reflective Educational Perspectives
Web site WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR
DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE Reflective Educational Perspectives Web site OR ANY
INTERNET SITE LINKED TO OR FROM THE Reflective Educational Perspectives
Web site OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF
ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE
Reflective Educational Perspectives Web site OR ANY SITE LINKED TO OR
FROM THE Reflective Educational Perspectives Web site. THE Reflective
Educational Perspectives Web site IS PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
6.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE Reflective Educational Perspectives Web
site, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING
FROM THIS AGREEMENT, THE Reflective Educational Perspectives Web site,
OR ANY INTERNET SITE LINKED TO OR FROM THE Reflective Educational Perspectives
Web site, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY
LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS
LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED
ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Reflective Educational Perspectives Web
site, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE
LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE Reflective
Educational Perspectives Web site OR THE CONTENT CONTAINED WITHIN ANY
INTERNET SITE LINKED TO OR FROM THE Reflective Educational Perspectives
Web site. THE CONTENT WITHIN THE Reflective Educational Perspectives Web
site AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE Reflective
Educational Perspectives Web site MAY INCLUDE TECHNICAL OR OTHER INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT
HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE Reflective
Educational Perspectives Web site AND SPECIFICALLY ARE INCLUDED IN THIS
SECTION AGREEMENT. THE Reflective Educational Perspectives Web site AND
ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT
ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Reflective Educational
Perspectives Web site IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT,
OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH
ANY Reflective Educational Perspectives Web site SITE CONTENT, OR WITH
THE ACCESS AGREEMENT OF THE Reflective Educational Perspectives Web site,
IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Reflective Educational Perspectives Web site.
7. Indemnity
You agree to indemnify and hold the Reflective Educational Perspectives
Web site, its parent or subsidiary companies and their affiliates, and
their respective directors, officers, employees, and agents from any and
all liabilities, claims and expenses, including reasonable attorneys fees,
arising from breach of this Agreement, any other policy, your use or access
of the Reflective Educational Perspectives Web site or any Internet site
linked to or from the Reflective Educational Perspectives Web site, or
in connection with the transmission of any Content on the Reflective Educational
Perspectives Web site.
8. Miscellaneous
This Agreement comprises the entire agreement between the Reflective Educational
Perspectives Web site and you, and supersedes any prior agreements with
respect to the subject matter herein. The Reflective Educational Perspectives
Web site may revise this Agreement or any other policy at any time and
from time to time, without notice. You agree to review this Agreement
periodically to be aware of such revisions. If any such revision is unacceptable
to you, you must discontinue accessing the Reflective Educational Perspectives
Web site. Your continued accessing and use of the Reflective Educational
Perspectives Web site following notice of any such revision shall conclusively
be deemed acceptance of all such revisions. The provisions of Sections
1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or
expiration of this Agreement. If any provision of this Agreement or any
other policy be held invalid or unenforceable, that portion shall be construed
in accordance with applicable law as nearly as possible to reflect the
original intention of the parties and the remaining portions will continue
in full force and effect. The failure of the Reflective Educational Perspectives
Web site to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. This Agreement shall be governed by the laws of the state or
province of domicile of the Reflective Educational Perspectives Web site,
excluding its conflict of laws rules, and you and the Reflective Educational
Perspectives Web site each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement is personal to you and
you may not assign your rights or obligations thereunder to anyone. All
logos, brand names, products, trademarks and service marks appearing herein
may be the trademarks or service marks of their respective owners. References
to any trademark, service mark and links to or from the Reflective Educational
Perspectives Web site have been done strictly for clarification and identification
and does not constitute endorsement by the Reflective Educational Perspectives
Web site of the products, services or information offered by the owner
of such trademark, service mark or link or endorsement of the Reflective
Educational Perspectives Web site by such trademark, service mark or link
owner. In the event of a dispute, any mediation under this Agreement shall
be held in the County of Ventura, California. The parties agree to submit
the matter to mediation before instituing ligiation. Any litigation under
this Agreement shall be brought in the appropriate California State court
sitting in the County of Ventura, California.
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