Terms Of Service
Effective Date: This Terms of Service Agreement was last updated on September 20, 2017.
Acknowledgement and Acceptance of Terms and Conditions
This Terms of Service Agreement (hereinafter referred to as "Agreement") sets forth the standards of use of the Crushing Dyslexia Online Service ("Service") provided by Crushing Dyslexia ("Crushing Dyslexia," "we," "our," or "us"). By using our website ("website" or "Site"), you, as the User ("User," "Users," "User's," "you," or "your"), acknowledge that you have read and fully understand the terms and conditions of this Agreement, and that you accept and agree with them. If this is not the case, you should immediately cease all usage of this website.
We reserve the right, at any time, to change, alter, amend, or update the terms and conditions of this Agreement without prior notice. Any such modifications shall become effective immediately upon being posted to our website. (The above date will be changed whenever such postings occur.) Your continued use of the Service after any such modifications are posted constitutes your acknowledgement and acceptance of the Agreement and its modifications. Except as provided for herein, this Agreement may not be modified in any way.
You warrant and agree that, while using the Site, you shall not upload, post, transmit to, distribute, or otherwise publish through the Site any materials which: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us; (b) are unlawful, threatening, harassing, or profane; (c) restrict or inhibit any other user from using and enjoying the Site; (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (e) contain a virus or other harmful component, or advertising of any kind, or false or misleading indications of origin or statements of fact; or (f) in the case of Forum posts, constitute advertising for any product, site, or service that you own, represent, or with which you have any kind of monetary relationship. You also warrant and agree that you shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) harm minors in any way; (c) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained either through or from the Site for commercial purposes (other than as expressly permitted in writing by the provider of such information or other material); (d) engage in spamming, spoofing, or flooding; (e) attempt to gain unauthorized access to other computer systems through the Site; or (f) harvest, collect, or store information about the users of this Site or the content posted by others on this Site. You may not upload, post, publish, reproduce, transmit, or distribute in any way, any component of the Site itself, or derivative works with respect thereto, since the Site is copyrighted as a collective work under the copyright laws of the United States.
We have no obligation to monitor the Site. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, in order to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic mail message unless required to do so by law. We reserve the right to refuse to post, or to remove any postings, information, or materials from any portion of the Site, in whole or in part, that, in our sole discretion, is unacceptable, undesirable, inappropriate, or in violation of these terms and conditions.
By posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials ("Content"), or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be or become available to you on or through this Site, you agree that you are the sole responsible person from which such Content originated, and that you have the right to post such Content.
You understand that the technical processing and transmission of the Site, including Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Crushing Dyslexia assumes no responsibility for the transmission, deletion, or failure to store postings or other information submitted by you or other users to the Site.
Any or all postings on the Site may be purged periodically at Crushing Dyslexia's sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you will not rely on any Content either created by us or submitted to us. You further acknowledge and agree that the views expressed by you and other users of the Site do not necessarily reflect the views of Crushing Dyslexia, and that we do not necessarily support or endorse any Content posted by you or any other users.
Disclaimer of Warranties
The site is provided by us on both an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, either express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Crushing Dyslexia shall have no liability whatsoever for any interruptions in the use of this website. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, as well as non-infringement. (Please be advised that some legal jurisdictions limit, or do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion might be inapplicable in some cases.)
Limitation of Liability
Crushing Dyslexia SHALL NOT be liable for any damages whatsoever, and in particular, we shall not be liable for any special, indirect, consequential, or incidental damages; or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it; whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise; even if we have been advised of the possibility of such damages. (Please be advised that some legal jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the above limitations might be inapplicable in some cases.)
Crushing Dyslexia is the owner and / or authorized user of any trademark, registered trademark, and / or service mark appearing on the Site; and is the copyright owner or licensee of the content and / or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features, or materials you may access on the Site. Any commercial use of the Site or the information contained therein is strictly prohibited, except as allowed herein or otherwise approved by us in writing. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by us. You may, however, print one (1) copy of the information on the Site solely for your personal use, reference, or records. If you make other use of the Site, except as provided above, you may be in violation of the copyright and other laws of the United States, or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, or other copyrightable material, or any other intellectual property, if they are included on the Site.
User's Grant of Limited License
By submitting or sending information or other material to Crushing Dyslexia, you grant us the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, 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.
In operating this Site, Crushing Dyslexia may seek Content that originates from you and other Site users. Notwithstanding the foregoing, Crushing Dyslexia does not solicit, nor does it wish to receive, any confidential, secret, or proprietary information or other material from you through the Site or our email address, or in any other way. Any information or material submitted or sent to us will be deemed to be NOT confidential, secret, or proprietary, whether or not it is marked as such.
By submitting or sending information or other material to us, you represent and warrant that the information is original to you, and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques, or other similar materials that you submit or otherwise communicate to the Site, may be used and / or distributed by us in any manner.
You also warrant that any "moral rights" in posted materials have been waived.
End User License
User hereby acknowledges and agrees that as a material condition to User's right to access the Site:
- User shall not reproduce, distribute, transmit, or otherwise disseminate, by any means, any material downloaded from the Site or any adaptations therefrom. User's right to access and explore the Site is solely for User's own, personal use; and User shall not at any time make, offer, distribute, or disseminate any materials taken from the Site, in whole or in part, for any purpose, commercial or noncommercial.
- User shall not acquire any rights of any kind whatsoever, in any media, in and to any mixes, adaptations, or other uses of the Site; and to the extent that User could be considered under any law now or hereafter existing to have any such right, of a derivative nature or otherwise, User hereby unequivocally assigns any and all such rights throughout the universe in all media now known or hereafter developed to Crushing Dyslexia or its licensors.
Any violation, in whole or in part, of any of these conditions pertaining to access of the Site shall render any use made thereof by User unauthorized and infringing; and, without limiting any remedies that Crushing Dyslexia or any other party may have, User shall be liable for statutory damages to the maximum amount permitted by applicable law, along with other remedies available under the laws, including copyright laws, of the United States and other countries.
USER HEREBY ACKNOWLEDGES AND AGREES TO THE ABOVE CONDITIONS AS A MATERIAL INDUCEMENT TO PERMIT USER'S ACCESS OF THE SITE.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to us or post to the Site is done at your own risk.
You acknowledge and agree that in connection with your use of our Site, you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem, and a working telephone line. Crushing Dyslexia shall not be responsible for any malfunctions, errors, crashes, or other adverse events that may occur as a result from your use of the Site.
Termination and Failure to Comply With Terms and Conditions
Your access to the Site may be terminated at any time, and without cause, by either Crushing Dyslexia or you, upon notification to the other by email. Furthermore, you acknowledge and agree that we may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these terms and conditions, violate the rights of Crushing Dyslexia, or are otherwise deemed to be inappropriate for continued access.
You agree to defend, indemnify, and hold Crushing Dyslexia, its parents, subsidiaries, directors, officers, employees, agents, and affiliates harmless from any and all claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees and costs, arising in any way from your use of the Site, or the placement or transmission by you of any message, information, software, or other materials on or through the Site.
Modifications and Interruption to Service
Crushing Dyslexia reserves the right to modify or discontinue the Service with or without notice to the User. We shall not be liable to User or any third party should we exercise our right to modify or discontinue the Service. User acknowledges and accepts that Crushing Dyslexia does not guarantee continuous, uninterrupted, or secure access to our website; and that operation of our website may be interfered with, adversely affected by, or terminated by numerous factors or circumstances which are beyond the scope of our control.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by our Vendors or collected from publicly available sources. While we make every effort to ensure that the information on our website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on our website. Furthermore, we make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of Arizona
Our website is operated from and provided in the State of Arizona. As such, we are subject to the laws of the State of Arizona, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other Services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our Site, you agree to do so subject to the internal laws of the State of Arizona and assume liability for any violation of law incurred by reason of such access.
Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates any applicable local, state, national, or international laws, regulations, or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All Content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangement thereof, is copyright © Crushing Dyslexia, with all rights reserved; or is the property of Crushing Dyslexia and / or third parties protected by intellectual property rights. Any use of the materials on the website, including reproduction for purposes other than those as noted above, modification, distribution, or replication; and any form of data extraction, data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Crushing Dyslexia, is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or any manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Crushing Dyslexia.
Copyright Infringement Procedure
Pursuant to Title 17, United States Code, Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA), Crushing Dyslexia requests that if you believe a copyright infringement has occurred, you contact us via email at: firstname.lastname@example.org. Please be sure to list the URL of the page on which you believe the infringement occurred. Upon receipt of the information, we will use reasonable efforts to promptly respond to and resolve any problem or question you may have.
We retain the right, at our sole discretion, to terminate any accounts involved with botnets and other related activities. If any hostnames are used as command and control points for botnets, we reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination we choose at our sole discretion.
How to Contact Us
To comment on this Agreement, please email us at: email@example.com. We will use reasonable efforts to promptly respond to and resolve any problem or question you may have.
Thank you for visiting Crushing Dyslexia. Together we can build a better educational tomorrow!