PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
Innovations In Learning, PC ("IIL") may revise and update these Terms and Conditions at any time. Your continued usage of the IIL website ("IIL Site," or the "Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL OR PSYCHOLOGICAL ADVICE.
The contents of the IIL Site, such as but not limited to text, graphics, images, information obtained from IIL's licensors, newsletters, forums, and other material contained on the IIL Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the IIL Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. IIL does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by IIL, IIL employees, others appearing on the Site at the invitation of IIL, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
CHILDREN'S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
USE OF CONTENT.
IIL authorizes you to view or download a single copy of the material on the IIL Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2005, Innovations In Learning, All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the IIL Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with IIL or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of IIL. All rights not expressly granted herein are reserved to IIL and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
LIABILITY OF IIL AND ITS LICENSORS.
The use of the IIL Site and the Content is at your own risk.
When using the IIL Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of IIL and its suppliers. Accordingly, IIL assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the IIL Site.
The IIL Site and the content are provided on an "as is" basis. IIL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, IIL, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the IIL Site or IIL.
In no event shall IIL, its licensors, its suppliers, or any third parties mentioned on the IIL Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the IIL Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not IIL, its licensors, its suppliers, or any third parties mentioned on the IIL Site are advised of the possibility of such damages. IIL, its licensors, its suppliers, or any third parties mentioned on the IIL Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. IIL, its licensors, its suppliers, or any third parties mentioned on the IIL Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
USER SUBMISSIONS.
The personal information you submit to IIL is governed by the IIL Privacy Policy. To the extent there is an inconsistency between this Agreement and the IIL Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, forums, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or transmit to IIL by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to IIL by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to IIL by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—IIL a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. IIL may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to IIL by email. We try to answer every email in a timely manner, but are not always able to do so.
PASSWORDS
IIL has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your IIL passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your IIL account and password; (3) promptly inform IIL of any need to deactivate a password. You grant IIL and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. IIL cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using IIL tools and services.
IIL SUBSCRIPTION SERVICES
If you choose to subscribe to one of IIL's subscription services, such as the IIL Newsletter, the following additional terms and conditions will apply depending on which service you choose.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: If you are a member of a Subscription Service that requires a fee, You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying IIL of such charges. You agree that IIL may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. IIL reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.
IIL LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS").
If you use a Public Area, such as a forum, bulletin board or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. IIL and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by IIL in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of IIL, exposes IIL or any of its customers or suppliers to any liability or detriment of any type.
IIL reserves the right (but is not obligated) to do any or all of the following:
Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the IIL Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the IIL Site, regardless of whether such communication(s) violate these standards.
IIL or its licensors have no liability or responsibility to users of the IIL Site or any other person or entity for performance or nonperformance of the aforementioned activities
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
IIL may provide links to third-party web sites. IIL also may select certain sites as priority responses to search terms you enter and IIL may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. IIL does not recommend and does not endorse the content on any third-party websites. IIL is not responsible for the content of linked third-party sites, sites framed within the IIL Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. IIL does not endorse any product advertised on the IIL Site.
INDEMNITY.
You agree to defend, indemnify, and hold IIL, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL.
IIL is based in Crown Point, Indiana, County of Lake, in the United States of America. IIL makes no claims that IIL Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the IIL Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with IIL, or in any way relating to your use of the IIL Site, resides in the courts of the State of Indiana, County of Lake or the County of Porter and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Indiana in connection with any such dispute including any claim involving IIL or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting IIL's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
IIL's agent for copyright issues relating to this web site is as follows:
Innovations In Learning
info@innovationsinlearning.net
In an effort to protect the rights of copyright owners, IIL maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the IIL Site, these Terms and Conditions and the IIL Privacy Policy and Agreement constitute the entire agreement between you and IIL with respect to the use of the IIL Site, and Content.
Thank you for your cooperation. We hope you find the IIL Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us form.
