2. Our Service
Our website and services provided to you through our website are provided on an AS IS basis. You agree that Because Learning, Inc. (“Because Learning”, “we”, “us”) exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. Because Learning shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
5. Password Restricted Areas of this website.
You may need a password to login to certain areas of this website and to use certain functions within this website. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Because Learning if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account and login. You agree to immediately notify Because Learning of any unauthorized use of your account or any other breach of security in relation to this website known to you.
You further agree that you will not upload, post or otherwise make available on this website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Content submission that you make.
You represent and warrant that: (i) you own all Content posted by you on or through this website or otherwise have the right to grant the ownership to Because Learning set forth in this section, and (ii) the posting of such Content on or through this website does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through this website.
You explicitly agree, in using this website or any service provided, that you shall not:
- Use the Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
- Use racially, ethnically, or otherwise offensive language;
- Discuss or incite illegal activity;
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- Post anything that exploits children or minors or that depicts cruelty to animals;
- Post any copyrighted or trademarked materials without the express permission from the owner;
- Impersonate or misrepresent your association with any person, entity, or educational institution, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you (if any);
- Collect or harvest any data about other users of this website or services provided by Because Learning;
- Provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or promotion;
- Use the Content in such a manner as to give rise to civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
- Use any robot, spider, scraper or other automated means to access the website;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
- Alter the opinions or comments posted by others on this website.
This list of prohibitions provides examples and is not complete or exclusive. Because Learning reserves the right to (a) terminate your access to your account, your ability to post to this website (or the services) and (b) refuse, delete or remove any Content submission; with or without cause and with or without notice, for any reason or no reason, or for any action that Because Learning determines is inappropriate or disruptive to this website or to any other user of this website and/or services. Because Learning may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Because Learning’s discretion, Because Learning will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this website or on the Internet. These prohibitions do not require Because Learning to monitor, police or remove any Submissions or other information submitted by you or any other user.
8. Third Party Services and Content
Certain information and other content may be offered or provided by third party licensors and suppliers to Because Learning (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work, or the goods or services, of the creator/licensor. Representations made regarding products and services provided by third parties are governed by the policies and representations made by those third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. You agree to only use the Third Party Content solely for your personal use. You acknowledge and agree that unless otherwise agreed, you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. BECAUSE LEARNING DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Links to Third Party Sites
10. App Stores
You acknowledge and agree that the availability of any software application or the services provided via this website are dependent on the third-party from which you received such application, if applicable (e.g., the Apple or Android app stores).
12. Cap on Liability
UNDER NO CIRCUMSTANCES WILL BECAUSE LEARNING BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50).
13. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
15. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided (“Materials”). Because Learning grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services on this website solely for your personal use. Certain content provided by us on this website is governed by an International Public License. Such content may only be used in accordance with such International Public License. Except for the licenses set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.
16. Applicable Law
17. Local Laws & Export Control
18. Miscellaneous Information
By using the website and/or the services provided on or through this website, you consent to receiving electronic communications from Because Learning. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the website and/or services provided on or through the website. These electronic communications are part of your relationship with Because Learning. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.
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