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FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY,
AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES
YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, AND (B) $100. SOME STATES DO NOTALLOW THE LIMITATION
OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT
APPLY TO YOU. THE MATERIALS AND CONTENT IN
THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, Learning-Systems.Org DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Learning-Systems.Org DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Learning-Systems.Org DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Learning-Systems.Org USERS AND MEMBERS ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH
Learning-Systems.org OFFERS YOU ACCESS TO OUR SERVICES:
Welcome to Learning-Systems.org.'s User
Agreement. This Agreement describes the terms and conditions
applicable to your use of our services at Learning-Systems.Org (Quiz and
Question WebSite). We may amend this Agreement at any time by
posting the amended terms on our site. Except as stated below, all
amended terms shall automatically be effective 30 days after they
are initially posted on our site. This Agreement may not be
otherwise amended except in a writing signed by you and Learning-Systems.Org
Corporation.
Fees and Services. We may
change our Fees and Credits Policy for our services from time to
time. Our changes to the policy are effective after we provide you
with at least fourteen (14) days notice of the changes by posting
the changes on our site. However, we may choose to temporarily
change our Fees and Credits Policy and the fees for our services
for promotional events (for example, free listing days) and such
changes are effective when we post the temporary promotional event
on the website. When you list an item you have an opportunity to
review and accept the fees that you will be charged for the use of
our listing services. We may in our sole discretion change some or
all of our services at any time. In the event we introduce a new
service, the fees for that service are effective at the launch of
the service. Unless otherwise stated, all fees are quoted in U.S.
Dollars. You are responsible for paying all fees associated with
using our service and our website and all applicable
taxes.
Overview. Our site acts as the venue
for users to list questions, and users who answers these
questions. We have no control over the quality, safety or legality
of the content, the truth or accuracy of the listings.
Release. Because we are not involved
in the actual communications between users, in the event that you
have a dispute with one or more users, you release Learning-Systems.Org
(and our officers, directors, agents, subsidiaries and employees)
from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes.
Information Control. We do not
control the information provided by other users which is made
available through our system. You may find other user's questions
and answers to be offensive, harmful, inaccurate, or deceptive.
Please use caution and common sense when using our website. Please
note that there are also risks of dealing with foreign nationals,
underage persons or people acting under false pretense. Always use
your screen name to identify yourself and never give out your real
name.
Fraud. Without limiting any other
remedies, Learning-Systems.Org may suspend or terminate your account if
you are found (by conviction, settlement, insurance or escrow
investigation, or otherwise) to have engaged in fraudulent
activity in connection with our website.
Your Information. "Your Information" is defined as
any information including questions and answers content, you provide to us or other users. You are solely
responsible for Your Information, and we act as a passive conduit
for your online distribution and publication of Your
Information. With respect to Your Information: Your
Information (or any items listed therein): (a) shall not be false,
inaccurate or misleading; (b) shall not infringe any third
party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (c) shall
not violate any law, statute, ordinance or regulation (e) shall
not be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (f) shall not be obscene or contain child
pornography or, if otherwise adult in nature or harmful to minors,
shall be posted only in the Adults Only section and shall be
distributed only to people legally permitted to receive such
content; (g) shall not contain any viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines that
are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
personal information; (h) shall not create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or
other suppliers; and Solely to enable Learning-Systems.Org to use the
information you supply us with, so that we are not violating any
rights you might have in that information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise the
copyright and publicity rights (but no other rights) you have in
Your Information, in any media now known or not currently known,
with respect to Your Information.
No Warranty. WE AND OUR SUPPLIERS
PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to
you. This warranty gives you specific legal rights and you may
also have other legal rights which vary from state to
state.
Indemnity. You
agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your breach of this Agreement
or the documents it incorporates by reference, or your violation
of any law or the rights of a third party.
Legal Compliance. You shall comply with all
applicable laws, statutes, ordinances and regulations regarding
your use of our service.
Arbitration. Any
controversy or claim arising out of or relating to this Agreement
or our services shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Marlboro, New Jersey,
and judgment on the arbitration award may be entered into any
court having jurisdiction thereof. Either you or Learning-Systems.Org may
seek any interim or preliminary relief from a court of competent
jurisdiction in Marlboro, New Jersey necessary to protect the
rights or property of you or Learning-Systems.Org pending the completion
of arbitration.
General. This
Agreement shall be governed in all respects by the laws of the
State of New Jersey as such laws are applied to agreements entered
into and to be performed entirely within New Jersey between New
Jersey residents. We do not guarantee continuous, uninterrupted or
secure access to our services, and operation of our site may be
interfered with by numerous factors outside of our control. If any
provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope
or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement sets
forth the entire understanding and agreement between us with
respect to the subject matter hereof.
Access and Interference. Our web site may
contain robot exclusion headers and you agree that you will not
use any robot, spider, other automatic device, or manual process
to monitor or copy our web pages or the content contained herein
without our prior expressed written permission. You agree that you
will not use any device, software or routine to interfere or
attempt to interfere with the proper working of this site.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated on
a real time basis and is proprietary or is licensed to
Learning-Systems.Org by our users or third parties. You agree that you
will not copy, reproduce, alter, modify, create derivative works,
or publicly display any content (except for Your Information) from
our website without the prior expressed written permission of
Learning-Systems.Org.
Breach. Without
limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your
membership and refuse to provide our services to you: (a) if you
breach this Agreement or the documents it incorporates by
reference; (b) if we are unable to verify or authenticate any
information you provide to us; or (c) if we believe that your
actions may cause legal liability for you, our users or
us.
Liability Limit. IN NO EVENT SHALL WE OR OUR
SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR
SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF
(A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not
allow the limitation of liability, so the foregoing limitation may
not apply to you. THE
MATERIALS AND CONTENT IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
Learning-Systems.Org DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Learning-Systems.Org DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. Learning-Systems.Org DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. Learning-Systems.Org USERS AND MEMBERS ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.