JOY
Center
of Learning Web Site Agreement
The
Lineup4profits Web Site (the "Site") is an online information service
provided by JOY Center of Learning ("Lineup4profits "), subject to your
compliance with the terms and conditions set forth below. PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Lineup4profits MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
Lineup4profits, its affiliates or other third party licensors. YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to Lineup4profits a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Lineup4profits by all
means and in any media now known or hereafter developed. You also grant
to Lineup4profits the right to use your name in connection with the
submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against Lineup4profits for
any alleged or actual infringement or misappropriation of any
proprietary right in your communications to Lineup4profits.
TRADEMARKS.
Publications,
products,
content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of Lineup4profits. Other product
and company names mentioned in the Site may be the trademarks of their
respective owners.
2.
Use of the Site.
You
understand that, except for information, products or services clearly
identified as being supplied by Lineup4profits, Lineup4profitsdoes not
operate, control or endorse any information, products or services on
the Internet in any way. Except for Lineup4profits- identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with Lineup4profits
a. You also understand that Lineup4profits cannot and does not
guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. Lineup4profits PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Lineup4profits
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Lineup4profits DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
Lineup4profits HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF
LIABILITY
IN
NO EVENT WILL Lineup4profits BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Lineup4profits OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Lineup4profits
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Lineup4profits
makes
no representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When you
access a non-Lineup4profits web site, please understand that it is
independent from Lineup4profits, and that Lineup4profits has no control
over the content on that web site. In addition, a link to a
Lineup4profits web site does not mean that Lineup4profits endorses or
accepts any responsibility for the content, or the use, of such web
site.
3.
Indemnification.
You
agree to indemnify, defend and hold harmless Lineup4profits, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the
Service.
4.
Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Lineup4profits and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term;
Termination.
This
Agreement
may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This
Agreement
shall all be governed and construed in accordance with the
laws of Canada applicable to agreements made and to be performed in
Canada. You agree that any legal action or proceeding between
Lineup4profits and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in Canada .
Any cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred.
Lineup4profits's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. Lineup4profits may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any
rights not expressly granted herein are reserved.
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