TERMS
OF USE
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE
This
Web page details the terms of a legal agreement (the "Terms
of Use") between you and YourOtherTeacher.com, Inc. (the
"Company"). By accessing this web site you acknowledge
that you have read and understood the Terms of Use and, having
read and understood the Terms of Use, you voluntarily agree
to be bound by the Terms of Use. You also agree to comply
with all laws and regulations applicable to the use of the
web site, to the use of the Internet, and to the activities
involved in using this web site.
If
you do not agree with the Terms of Use, then do not use this
web site.
Sites:
This
web site is controlled by the Company from its offices within
California. The Company complies with all laws of California
applicable to this web site and to the Internet. Visitors
who choose to visit this web site from other jurisdictions
do so on their own initiative. Those visitors are solely responsible
for compliance with their local laws.
Venue
and Jurisdiction:
Claims
relating to this web site, to the use of this web site, and
to the information, content, material, and services available
through this web site are governed by the laws of California.
You hereby unconditionally, voluntarily, and irrevocably consent
to submit to the exclusive jurisdiction of California for
any litigation concerning this web site, your use of this
web site and any information received through this web site.
You agree not to plead forum non conveniens in any such action.
You consent to service of process.
Privacy:
To
know what privacy measures the Company has taken and what
information we retain from your visit to the Company's web
site, please read our web site Privacy Statement available
here.
Change
of Terms:
The
Terms of Use may be changed without notice. Your continued
use of this web site after the Terms of Use are changed indicates
your acceptance of the new Terms of Use. If you do not agree
with the new Terms of Use, then discontinue your use of this
web site.
Alteration of Site:
The
Company may change, suspend or discontinue any feature, aspect,
product or service available through this web site at any
time. The Company may alter the availability of any feature
of this web site or service related to any feature of this
web site at any time.
The
Company may add, remove or modify any content of this web
site, including that of third parties, at any time.
Limitation
on Usage:
The
Company may limit your access to any part of this web site
without notice to you. Company may terminate your use of its
web site at any time.
Visitor
On-line Conduct:
You
agree to use this web site only for lawful purposes.
You
agree to use this web site only for its intended purposes.
The
Company reserves the right to prohibit any conduct involving
this web site that it deems to be inappropriate.
You
agree not to disrupt this web site.
You
agree not to interfere with or compromise the security of
this web site, or any computer, server, account, network,
data, software and/or hardware associated with this web site.
You
agree not to disrupt or interfere with any other visitor's
use of this web site.
You
agree not to attempt to obtain access to any portion of this
web site, any computer, server, account, network, software
and/or hardware associated with the web site, from which you
are restricted.
You
agree that you are solely responsible for any actions you
undertake while visiting this web site and that you will comply
with all applicable local, state, national and international
laws and regulations applicable too this web site and the
Internet, including United States copyright and export regulations.
You
warrant that all information you provide to gain access to
the services provided by this web site is accurate and truthful.
Links
To and From Other Web Pages:
You
may gain access to other web sites via links on this web site.
These Terms of Use apply to the Company's web site and do
not apply to other parties' web sites. Similarly, you may
have come to this web site via a link from another web site.
The terms of use of other web sites do not apply to this web
site. Only these Terms of Use apply to this Web site. The
Company assumes no responsibility for any terms of use or
material outside this web site accessed via any link.
Links
to third party web sites or information are not intended,
and should not be interpreted by readers, as constituting
or implying the Company's endorsement, sponsorship or recommendation
of the third party information, products or services found
there.
Copyright,
Trademark and Intellectual Property :
All
information, content and material ("Content") made
available by the Company through this web site is owned by
or licensed to the Company.
The
Company and its licensors retain all rights in this Content.
All Content, including, but not limited to the web site design,
text, drawings, photographs, graphics, sound recordings and
video recordings are protected by copyrights owned by the
Company and its licensors. The Content and any and all such
copyrighted material may not be modified, copied, distributed,
downloaded, displayed, e-mailed, transmitted or sold in any
form or by any means, in whole or in part, without the prior
written consent of the respective copyright owner.
The
Company grants you permission to display, copy, distribute,
print and/or download, the Content on this web site for your
personal, non-commercial use only. If you display, copy, distribute,
print and/or download the Content on this web site, then you
may not modify that Content and you must retain all copyright
and other proprietary notices contained in the Content.
The
permission granted herein terminates automatically if you
breach these terms or conditions. Upon termination of the
permission, you must immediately destroy any Content you displayed,
copied, distributed, printed and/or downloaded.
YourOtherTeacher.com,
Inc. and The Natural Way To Learn and Prof. Jones are either
registered trademarks, trademarks, trade names, service marks,
or otherwise protected property of the Company and may not
be used, copied or imitated without the prior written consent
of the Company.
The
Company's intellectual property may not be used in connection
with any service or information that is not the Company's.
The Company's intellectual property may not be used in any
manner that is likely to cause confusion among consumers or
in any manner that disparages the Company. Other trademarks,
trade names, company names, service marks and otherwise protected
property displayed on this web site are the property of their
respective owners and are subject to the terms and conditions
applied by those owners to their intellectual property.
The
compilation of the Content on this web site is the exclusive
property of the Company and is protected by U.S. and International
Copyright Law.
You
may not mirror any Content contained in this web site on any
other web site or server.
Digital
Millenium Copyright, Act, Transmission of Third Party Content:
You
may not upload, post or otherwise distribute on this web site
anything protected by copyright or other proprietary rights
unless the owner of the applicable copyright or proprietary
right has given you express authorization for such uploading,
posting or distribution on the web.
Anything
for which permission has been granted to upload, post or otherwise
distribute must contain the notice "Copyright, 2004,
YourOtherTeacher.com, Inc. used by express permission."
The
unauthorized use, uploading, posting, and/or distribution
of Content protected by copyright or other proprietary rights
is illegal and subjects the malfeasant to civil penalties
and criminal prosecution.
The
Company, its affiliates, officers directors, employees, agents
or any such similarly situated persons or entities are not
liable for damages resulting from any infringement resulting
from your actions involving copyrighted or proprietary right
protected material.
The
Company, pursuant to the Digital Millenium Copyright Act,
designates Jeff Jones to receive complaints and notices of
suspected copyright infringements. If you believe that your
work has been copied and is accessible on the Company's web
site in a way that constitutes infringement, you may notify
the Company by providing Jeff Jones the following information:
1.
An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has
been infringed, including the URL (i.e. web page address)
of the location where the copyrighted work exists or a copy
of the copyrighted work;
3. Identification of the URL or other specific location on
the Company's web site where the material that you claim is
infringing is located;
4. Your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law;
6. A statement by you made under penalty of perjury, that
the above information in your notice is accurate and that
you are the copyright owner or are authorized to act on the
copyright owner's behalf.
Jeff Jones can be reached via e-mail at jeff@yourotherteacher.com
and by regular mail at YourOtherTeacher.com, Inc., P.O. Box 17, Arroyo Grande, CA 93421-0017 USA
You
are prohibited from uploading, posting or otherwise distributing
on this web site any unlawful, threatening, obscene, pornographic,
intimidating, libelous, defamatory or slanderous comments,
jokes, images or content that are intended to or are likely
to offend a reasonable person on the basis of his or her age,
physical or mental disability, gender, race, religion, national
origin, physical attributes, sexual preference, or any other
classification that could produce any civil or criminal liability
for either yourself or for the Company, its affiliates, employees,
agents or any such similarly situated persons or entities.
Ownership
of Third Party Content:
The
Company may display Content supplied by visitors and other
third parties on its website. The Company contains no editorial
control over this Content. The Content supplied by visitors
and other third parties belongs to the respective owners of
that Content.
THE
COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY
SITUATED PERSONS OR ENTITIES ("WE") DO NOT GUARANTEE
THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY
CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
WE
DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We
shall not, under any circumstances, be liable for any loss,
damage or harm caused by your or anyone else's reliance on
Content available on this web site that is the property of
visitors or third parties. You are solely responsible for
evaluating and acting on any Content available on this web
site.
DISCLAIMERS:
THIS
WEB SITE IS PROVIDING "AS-IS" AND "AS-AVAILABLE".
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS
WEB SITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE
ON OR THROUGH THIS WEB SITE.
YOU
AGREE TO VISIT THIS WEB SITE SOLELY AT YOUR OWN RISK. YOU
AGREE THAT YOUR USE OF THIS WEB SITE, AND ANY CONTENT, INFORMATION
AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE SOLELY AT
YOUR OWN RISK.
WE
DO NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ALL
TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR
FREE.
WE
DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR
SERVICES AVAILABLE THROUGH THIS WEB SITE ARE ACCURATE, RELIABLE,
OR CURRENT.
THE
COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
AND IMPLIED WARRANTIES OR MERCHANTABILITY.
LIMITATION
OF LIABILITY:
THE
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE
AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS
WEB SITE.
NEITHER
WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING
'HOSTING, MAINTAINING AND/OR UPDATING THIS WEB SITE SHALL
BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO
DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION
OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL,
ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR
DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS
WEB SITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO
ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE,
THEFT, UNAUTHORIZED ACCESS, THE COMPANY'S NEGLIGENCE OR YOUR
OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS
AND SERVICES AVAILABLE THROUGH THIS WEB SITE.
IN
ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY
FOR ANY TYPE OF DAMAGES IS PROHIBITED, THE COMPANY'S LIABILITY
IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
No
Joint Venture:
This
Agreement provides only for the use of this web site. This
Agreement shall not be construed as a teaming, joint venture,
or other such arrangement, unless the parties expressly and
explicitly execute an agreement to that effect.
Indemnity:
You
agree to indemnify the Company for any damages, losses, costs,
or expenses that the Company may incur as a result of your
use of this web site. You also agree to indemnify the Company
from any damages, losses, costs or expenses that the Company
may incur as a result of your providing inaccurate or untruthful
information to gain access to the services provided through
this web site.
Hold
Harmless:
You
agree to hold the Company harmless for any damages, losses,
costs, or expenses that you may incur as a result of your
use of this web site or your use of the Content, information
and/or services available through this web site.
Severability:
If
any provision of these Terms of Use is held invalid or unenforceable
in whole or in part in any jurisdiction, that provision shall
be ineffective in that jurisdiction without affecting the
validity of enforceability of the remaining provisions of
these Terms of Use.
Integration
Clause:
You hereby acknowledge that these Terms of Use, including
all documents referenced herein, represent the entire understanding
between you and the Company concerning your use of this web
site, and the Content, information and services available
on this web site.
Survivability:
All
representations and warranties made by the Company shall survive
termination of the Terms of Use.
Headings
of the Terms of Use:
The
section headings used in this Terms of Use are for reference
and the convenience of the readers and shall not constitute
part of the Terms of Use for interpretation purposes.
Copyright
© 2024 YourOtherTeacher.com. All Rights Reserved.
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