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Terms of Use

EDUCATUS Website and Software Terms of Use and Notices
Last Updated: March 2004

AGREEMENT BETWEEN YOU AND EDUCATUS LIMITED LIABILITY CORPORATION
The EDUCATUS Web Site is operated by Educatus, LLC, 6466 Gregory Ln., Paradise, CA 95969 or its affiliates. This Terms of Use and Notices apply to the Educatus Web Site and does not apply to the content of third parties.

The EDUCATUS Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the EDUCATUS Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to this Terms of Use and Notices, do not access or use the EDUCATUS Web Site.

MODIFICATION OF THESE TERMS OF USE
Educatus, LLC (called “Educatus”) reserves the right to change the terms, conditions, and notices under which the EDUCATUS Web Site are offered, including but not limited to the charges associated with the use of the EDUCATUS Web Site. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the EDUCATUS Web Site constitutes your agreement to all such terms, conditions, and notices.

MEMBER ACCOUNT, PASSWORD, AND SECURITY
As part of using EDUCATUS Web Site you may be required to open an account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the account registration form. During or on completion of the registration process you will either create or receive both a username and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Educatus immediately of any unauthorized use of your account or any other breach of security. Educatus will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Educatus or another party due to someone else using your account or password. You may use another person’s account only with the permission of the account holder and only if you have a concurrently active account at that time.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the EDUCATUS Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the EDUCATUS Web Site. Without the advance express written permission of Educatus, you may not ‘meta-search’ EDUCATUS Web Site, send, or cause to be sent, any automated queries of any sort to the EDUCATUS Web Site, or use the EDUCATUS Web Site in any commercial manner.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EDUCATUS Web Site, you will not use the EDUCATUS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EDUCATUS Web Site in any manner that could damage, disable, overburden, or impair any EDUCATUS Web Site (or the network(s) connected to any EDUCATUS Web Site) or interfere with any other party's use and enjoyment of any EDUCATUS Web Site You may not attempt to gain unauthorized access to any EDUCATUS Web Site, other accounts, computer systems or networks connected to EDUCATUS Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the EDUCATUS Web Site.

LICENSE
Educatus hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular EDUCATUS Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

CONTENT AVAILABLE THROUGH THE EDUCATUS Web Site
All content including but not limited to, all texts, images, drawings, descriptions, media, and other related information (called “Materials”) that is made available to view and/or download in connection with the EDUCATUS Web Site, is owned by and is the copyrighted work of Educatus, LLC and/or its suppliers and is protected by copyright laws of the United States, Universal Copyright Convention, and international treaty provisions. Furthermore, all Materials are not in the public domain.

If you find any possible copyright infringement on the EDUCATUS Web Site send E-mail to: Contact Us. Please include sufficient documentation or other materials that support your inquiry.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of the EDUCATUS Web Site are: Copyright (c) 1952 - 2004 Educatus, LLC and/or its suppliers, 6466 Gregory Ln., Paradise, CA 95969, U.S.A. All rights reserved.

Trademarks: educatus , Educatus

Other Educatus, LLC products and services referenced herein may also be either trademarks or registered trademarks of Educatus, LLC in the United States and/or other countries.
Any rights not expressly granted herein are reserved.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EDUCATUS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE EDUCATUS WEB SITE AND TO THE INFORMATION THEREIN. EDUCATUS, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE EDUCATUS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE EDUCATUS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EDUCATUS, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE EDUCATUS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EDUCATUS, LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT EDUCATUS, LLC. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN EDUCATUS WEB SITE. YOU SPECIFICALLY AGREE THAT EDUCATUS, LLC. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EDUCATUS, LLC. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE EDUCATUS WEB SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL EDUCATUS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EDUCATUS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE EDUCATUS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EDUCATUS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EDUCATUS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EDUCATUS, LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EDUCATUS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EDUCATUS WEB SITE.
EDUCATUS, LLC. MAKES NO WARRANTY THAT THE EDUCATUS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION
Educatus reserves the right, in its sole discretion, to terminate your account and access to the EDUCATUS Web Site and the related services or any portion thereof at any time, without notice.

GENERAL
Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of California, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Butte County, California U.S.A. in all disputes arising out of or relating to the use of the EDUCATUS Web Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Educatus as a result of this agreement or use of the EDUCATUS Web Site. You agree to indemnify and hold Educatus, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the EDUCATUS Web Site. Educatus reserves the right to disclose any personal information about you or your use of the EDUCATUS Web Site, including its contents, without your prior permission if Educatus has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Educatus or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Educatus performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Educatus right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EDUCATUS Web Site or information provided to or gathered by Educatus with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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