TERMS OF USE AGREEMENT
I. Introduction and Overview
Please carefully read and review these terms, conditions and notices (the "Agreement"), which govern use of Linkonlearning’s Website, Linkonlearning.com and its sister companies – including, but not limited to, the entity and site known as AZTEC – Arizona Technology (henceforth referred to as the "Site"). Your use of the Site and any of the services offered at the Site constitutes your binding consent to all such terms, conditions, and notices. The Agreement enables the owner of the Site, Linkonlearning Inc. (hereinafter "Linkonlearning"), to offer our services to bona fide, lawfully registered, and accredited primary and/or secondary educational institutions in Canada, the United States, and other countries around the world, to the students attending such schools, the parents of students attending such schools, students working from home and in other contexts.
As used in this Agreement, "you" means the natural person who is interacting with the Site’s registration process and clicks "I accept" (who must be a Teacher, Registered Parent, Registered Student or Unaffiliated Registered User, as defined below) or the person who is browsing this Site as an unregistered user. When you click the "I agree" button on the user registration, you are entering into a legal contract with Linkonlearning in which you agree, and, if you are a teacher, media specialist or other authorized school representative entering this Agreement on behalf of your school, you and the school both agree, to abide by this Agreement in all respects and to become a "Registered User". If you do not agree to be bound by this Agreement, you are prohibited from registering for or using any services offered at the Site by Linkonlearning.
This Agreement applies to all uses of the Site, including, but not limited to, using lessons or instruction pages, participating in chat rooms, bulletin boards, using email, search engines, subscription services, and/or other services offered at the Site (henceforth referred to as the "Services"). The Services are offered to you conditionally on your acceptance of the terms, conditions, and notices contained in this Agreement without modification.
This Agreement should be read together with the Linkonlearning, Inc.'s Privacy Policy, which forms a part of this policy. Since Linkonlearning reserves the right in its sole discretion to modify this Terms of Use Agreement at anytime, we encourage you to refer to this policy and the Privacy Policy on a frequent basis so that you understand our policies then in effect. Parents should also read our Children’s Use Agreement found at the end of this document.
2. Description of Services
Linkonlearning provides the Site for educational and informational purposes. Linkonlearning provides online instruction consisting of online instruction pages, lessons and tests in Math, Reading , Writing, History, Social Studies, Science, Geography, Language Arts and Spelling for students from JK to Grade 12. Students also have access to Linkonlearning’s other Services which consist of library, report card, recess and chat area, defaulted to restrict access to the chat until a parent/guardian/teacher modifies the student account. Subscription fees based on the number of students enrolled and the period of time of their enrollment, granting said students’ unlimited access to the Site and all of its resources are currently offered by Linkonlearning. For more information about such subscriptions, please contact Linkonlearning at info@linkonlearning.com
As a registered user of the Site, you will also be provided a username and password; one for a parent/administrator, and one for each student. These are unique and help maintain a secure environment for you. These are under your control, and are not to be transferred, shared or given out to any other party. If you lose or forget your password, please contact support@linkonlearning.com.
3. Access to Linkonlearning.com
Linkonlearning grants you a limited non-transferable right to access the non-subscription area of linkonlearning.com at no charge to you. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service needed to connect to the Internet and access the Site and you are solely responsible for all Internet access charges, telephone charges and/or other fees or charges incurred in connection with your access to the Site and Linkonlearning shall not be responsible for such at any time.
4. Software
Any program or software accessible or available for download at the Site is fully owned by Linkonlearning or any applicable third party provider(s), and all rights therein are reserved. You agree that you will not download, copy, install, or otherwise use such software in any way unless you first agree to the terms and conditions of any associated license agreement included with such programs or software.
5. Content
You hereby agree to access and use the Site for lawful purposes only. You are solely responsible for the knowledge of and adherence to any and all applicable laws, statutes, rules and regulations pertaining to your use of the Site including. By accessing the Site, you agree that you will not: (i) post or use the Site to commit a criminal offense or encourage any conduct that may constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, province, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, infringing, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content; (iii) alter, damage or delete content or other communications that are not your own content, or to otherwise interfere with the ability of others to access the Site (iv) disrupt the normal flow of communication in an Interactive Area of the Site; (v) claim a relationship with or to speak for a business, association, institution or other organization for which you are not authorized; (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users; (vii) infringe on any third party's rights, including, without limitation, intellectual property rights such as trademarks, service marks, copyrights, and patent rights, or any publicity or privacy rights; (viii) inaccurate or misleading; or (ix) otherwise create any liability on Linkonlearning’s behalf. Notwithstanding any other provision of this Agreement, you agree that you will indemnify Linkonlearning for any liability resulting from any breach of this Agreement by you, whether or not you had prior knowledge that such a breach would result in said liability.
6. Termination
You hereby agree that the only right you have with respect to your dissatisfaction, or any other party's dissatisfaction for whom you are operating on behalf of, with any policy, guideline, or practice of Linkonlearning in operating the Site and/or any component of the Site, is for you to discontinue accessing the Site. Linkonlearning at its sole discretion may terminate or temporarily suspend your access to all or any part of the Site without notice, for conduct that Linkonlearning believes is a violation of this Agreement or any policy or guideline posted by Linkonlearning, or for other conduct, which Linkonlearning believes is harmful to other users. Linkonlearning may discontinue operating the Site and terminate this Agreement at any time and for any reason without notice to you.
7. Disclaimer of Warranties and Limitation of Liability
You expressly agree that use of the Site and the Services is at your sole risk. This Agreement applies in all provinces, states and jurisdictions within which the terms contained herein are valid and enforceable. Linkonlearning is not responsible for any information or content contained within interactive areas and makes no representations about the suitability, legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness, and/or currency of the information contained in said areas.
You agree that your use of Site and any interactive area of the Site is at your sole risk. Linkonlearning, its officers, directors, employees, affiliates, and/or agents, do not warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site or to the accuracy or reliability of the content at the Site.
Linkonlearning.com is provided on an "as is" and "as available" basis without representations or warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement.
In no event will Linkonlearning and/or its directors, officers, employees, affiliates or agents, be liable to you or any other party for any incidental, indirect, special or consequential damages, whether or not Linkonlearning has been advised of the possibility of such damages, arising out of your use of or inability to use the Site, including without limitation, loss of revenue or anticipated profits, loss of goodwill, business, or data, computer failure or malfunction, or any other damages or losses that result from mistakes, omissions, interruptions, deletions, errors, defects, viruses, delays in operation or transmission, or any other failure of performance, whether acts of God, communications failure, theft, destruction or unauthorized access to Linkonlearning records, programs, or services..
Under no circumstances, including, but not limited to, negligence, shall Linkonlearning or any associated parents, subsidiaries, affiliates, employees, agents, distributors, or third party agents, be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Site, whether on the Site itself, or any Services offered at the Site or by Linkonlearning. These limitations apply whether the party was advised, had another reason to be aware or such damages, or in fact knew of the possibility of any such damages. You specifically acknowledge and agree that Linkonlearning, its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, and/or licensors, and their respective directors, officers, employees, and agents, will not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event will the liability of Linkonlearning, its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors, and their respective directors, officers, employees and agents, to you exceed the amount paid by you to Linkonlearning proportionate to the period of time during which any injury or damage occurred.
- No Guarantee of Continuous Operation
Linkonlearning will use commercially reasonable efforts to maintain the security and operational integrity of the Site. However, numerous factors outside the control of Linkonlearning may interfere with the continuous operation of the Site, and accordingly, Linkonlearning does not guarantee continuous, or uninterrupted access to the Site or any Services.
- Release from Liability
You agree to release Linkonlearning, its officers, directors and employees, from any and all results from, or associated in any way with, any user-supplied content or postings.
- Right to Independent Action
Linkonlearning reserves the right, at its sole discretion, to take any independent action to protect the interests of Linkonlearning and eliminate or mitigate any potential or existing liability or injury to any party which may result from accessing the Site and/or Services.
- No Waiver
The failure of Linkonlearning to enforce any terms of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to subsequently enforce any terms or conditions of this Agreement or to act with respect to similar breaches.
- Miscellaneous
You hereby acknowledge and agree that no joint venture, partnership, employment, or other relationship not explicitly agreed to in writing by Linkonlearning exists between you and Linkonlearning. This Agreement is subject to existing laws and legal process, and nothing contained in this Agreement will derogate Linkonlearning’s right to comply with government, court, and/or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Linkonlearning. If any part of this Agreement is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Linkonlearning with respect to the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Linkonlearning, with respect to the Site. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained at the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial and/or administrative proceedings relevant to this Agreement to the same extent, and subject to the same conditions, as any other relevant documentation and/or guidelines currently maintained by Linkonlearning.
8. Links
Links on the Site sometimes lead to other sites, materials, and resources, developed and maintained by third parties. Linkonlearning does not review such sites or control their content, and provides said links to you and other visitors for convenience. Such sites, materials, and resources, are not controlled by Linkonlearning and Linkonlearning is not responsible for the contents thereof or any changes or updates thereto. Furthermore, Linkonlearning cannot, and does not, continuously monitor such materials, and makes no representation or warranty of any kind relating to the appropriateness of any such materials thereof. Said links are not an endorsement by Linkonlearning of products, services, or information provided by the Websites to which they link. Further, the provision of these links to other sites does not imply that there is any relationship between the Site and the Websites to which the links are provided. Linkonlearning is independently operated and any reference to other companies does not imply a partnership, joint venture, or any other legal connection. Linkonlearning shall not be responsible for the actions of the respective owners of these third party Websites.
Linkonlearning grants any interested party the right to link to the Site’s homepage, www.linkonlearning.com, however, only if said links use Linkonlearning trademarks and/or logos in accordance with the terms and conditions of the Trademark and Logo Policy in 9 below.
9. Trademark and Logo Policy
Linkonlearning trademarks and logos are the property of Linkonlearning. License for their use is granted for the sole purpose of positively promoting the Site and encouraging visits to the Site. Licensees may not vary the spelling, add or delete hyphens, combine or separate words, abbreviate or alter Linkonlearning's trademarks and/or logos in any way. Licensees shall not reproduce, use, or authorize the reproduction or use of Linkonlearning’s marks in any manner other than expressly authorized by Linkonlearning in writing. Linkonlearning marks may not be combined with those of another company. Any use of the Linkonlearning marks that implies a relationship with or endorsement by Linkonlearning is strictly prohibited. Linkonlearning has the right to control the use of its trademarks and logos, and you agree to comply with any and all reasonable requests relating to the use of such by Linkonlearning.
10. Trademark Notice
Linkonlearning’s trademarks and logos are owned by Linkonlearning. All other trademarks and logos used at the Site are the trademarks and logos of their respective owners.
11. Indemnity
You hereby agree to, at your own expense, indemnify, defend, and hold Linkonlearning harmless for and against any loss, cost, damage, liability, or expense, arising out of or relating to (a) a third-party claim, action or allegation of infringement as a result of information, data, files or other content submitted you, (b) any fraud, manipulation, or other breach of this agreement by you, or (c) any third-party claim, action or allegation, brought against Linkonlearning or an organization that is in any way associated with Linkonlearning, arising out of or related to your use of the Site. In any such cases, Linkonlearning will have the right to participate in its defense and hire counsel of its choice, at your expense, and you will not settle any action or claim on Linkonlearning's behalf unless explicitly agreed to in writing by Linkonlearning.
12. No Agency or Partnership
No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind Linkonlearning in any respect whatsoever and you may not direct or control the day-to-day activities of Linkonlearning, nor may you create or assume any obligation on behalf of Linkonlearning.
13. General
This Agreement is governed by the laws of the State of Arizona and shall be construed in accordance with the laws of Arizona . Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in Lake Havasu City in the State of Arizona , and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if Linkonlearning prevails, it will be entitled to costs and attorney fees. In the event that any provisions of this Agreement are held to be unenforceable, this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and supersedes any prior written and/or oral agreements between the parties that may conflict with the terms and conditions contained herein. Linkonlearning may modify the terms of this Agreement by posting notice of such modifications on this page without any additional notice to you and you hereby agree to be bound by any such revisions.
14. Survival of Termination
Paragraphs 1-3 and 5-12 shall survive the termination or expiration of this Agreement.
Copyright © 2001 – 2005 Linkonlearning Inc. All Rights Reserved. Terms of Use are strictly enforced.
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