Terms and Conditions of Use (07/15/12)
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THE WORKINGMEMORYONLINE WEBSITE (hereinafter referred to as the “website”). YOUR ACCEPTANCE OF THE TERMS IN THIS AGREEMENT IS ACKNOWLEDGED BY YOUR CLICKING ON THE BOX WHICH STATES THAT YOU ACCEPT THE TERMS. YOUR ACCEPTANCE OF THE TERMS IN THIS AGREEMENT IS ALSO ACKNOWLEDGED BY YOUR USE OF THIS WEBSITE.
THIS AGREEMENT IS BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND SCHOOLHOUSE EDUCATIONAL SERVICES, LLC (located in the State of Wisconsin, USA) GOVERNING YOUR USE OF THIS WEBSITE AND ITS DISCUSSION GROUP.
Modification of Terms and Conditions of Use
Schoolhouse Educational Services,LLC reserves the right, at any time, to modify, amend, alter or update these Terms and Conditions of Use. You will be provided notice of any such modification by electronic mail or by a notice posted on this website. You agree to be bound by such modifications, amendments, alterations or updates. Your continued use of the website after notice of any change to the Terms and Conditions of Use will be deemed to be your agreement to the amended Terms. You are encouraged to visit this page periodically to review the most current Terms and Conditions of Use.
Personal Information and Privacy
Communications from Schoolhouse Educational Services
By using this website, providing your email address, or sending an email to email@example.com, you are consenting to receive email from Schoolhouse Educational Services unless you advise in writing or by email that you do not desire to receive email.
Discussion Group or Blog
Opinions expressed on this website belong to the authors and do not necessarily reflect Schoolhouse Educational Services’ opinions or those of its employees. Schoolhouse Educational Services, LLC is not responsible for the accuracy of any of the information published on the blog or any information submitted to the website by authors or others. Schoolhouse Educational Services, LLC does not recommend or endorse any specific health care providers, procedures, opinions, or other information that may be mentioned on the blog. Schoolhouse Educational Services, LLC is an independent publisher of psychological assessments, books, and resources. No advertiser or organization, at any time, has any direct influence or impact on the editorial decisions, editorial direction, or what is published on the blog by Schoolhouse Educational Services.
This website and its content (including all test materials, site design, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, arrangement, coordination, enhancement and presentation of said elements) are the sole property of Schoolhouse Educational Services, LLC and/or any authors, affiliates or content suppliers and are protected by United States and international copyright laws. All software used on this website is the property of Schoolhouse Educational Services or its software suppliers (or is used under license from the owner) and is protected by United States and international copyright laws. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The website and its content are not intended for re-use or reproduction. Except as otherwise provided on the website, any other use of the website or its content without written permission is strictly prohibited. The website and its content may not be reproduced, duplicated, copied, transmitted, disassembled, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted under these Terms and Conditions of Use. Any information copied from the website in accordance with the foregoing must include the appropriate Schoolhouse Educational Services copyright notice and trademark notices and may not be altered in any way. Access to and use of the website does not confer, by implication, estoppel or otherwise, any ownership right or license to the website as a whole or to any individual elements of the website, without regard to whether such elements are subject to copyright or trademark protection. Access to the website does not authorize anyone to use any name, logo, slogan or mark in any manner. The application of this website into any other site is strictly prohibited unless pre-approved in writing by Schoolhouse Educational Services. Schoolhouse Educational Services reserves the right to refuse access in its sole discretion, including, without limitation, if Schoolhouse Educational Services believes that a user’s conduct violates applicable law or these Terms and Conditions of Use or is harmful to the interests of Schoolhouse Educational Services or its affiliates.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions with this website. You agree not to use the website for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the website for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. Schoolhouse Educational Services reserves the right to terminate your access to the website if there are reasonable grounds to believe that you have used the website for any illegal or unauthorized activity.
You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Schoolhouse Educational Services, LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Internet Explorer).
User Generated Content
Any content that you may receive from other users of the website, is provided to you as is for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the website, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the website you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Schoolhouse Educational Services, LLC will have the right to block access to or remove such content made available by you, if complaints are received concerning any illegality or infringement of third party rights in such content. By using any of the website and transmitting or publishing any content on the website, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Schoolhouse Educational Services for this purpose.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. SCHOOLHOUSE EDUCATIONAL SERVICES, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCHOOLHOUSE EDUCATIONAL SERVICES, LLC MAKES NO WARRANTY THAT THE WEBSITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SCHOOLHOUSE EDUCATIONAL SERVICES, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT SCHOOLHOUSE EDUCATIONAL SERVICES, LLC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF SCHOOLHOUSE EDUCATIONAL SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SCHOOLHOUSE EDUCATIONAL SERVICES, LLC RELATED TO ANY OF THE WEBSITE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL SCHOOLHOUSE EDUCATIONAL SERVICES’ ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SCHOOLHOUSE EDUCATIONAL SERVICES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Schoolhouse Educational Services, LLC, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the website in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the website, except where such use is authorized by Schoolhouse Educational Services, LLC.
Suspension and Termination
Schoolhouse Educational Services, LLC may suspend your user account or temporarily disable access to all or part of the website in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within 30 days of being notified about the suspension. Schoolhouse Educational Services, LLC may terminate a suspended or disabled user account after thirty days. Your user account may also be terminated on your request. In addition, Schoolhouse Educational Services, LLC reserves the right to terminate your user account and deny access to the website upon reasonable belief that you have violated the Terms.
Links to Other Websites
Neither party shall be liable for any loss or damage suffered by the other party, directly or indirectly, as a result of one party’s failure to perform, or delay in performing, any of its obligations contained in this agreement (other than the payment of money), where such failure or delay is caused by circumstances beyond the party’s control or which make performance commercially impracticable, including but not limited to fire, flood, storm or other natural disaster, explosion, accident, war, riot, civil disorder, governmental regulations or restrictions of any kind or any acts of any government, judicial action, power failure, acts of God or other natural circumstances.
Entire Agreement and Governing Law
If any provision of this Terms and Conditions of Use agreement is determined to be invalid or unenforceable that provision shall be deemed to be severed here from and the remaining provisions of this agreement shall not be affected and shall remain valid and enforceable. This agreement shall be governed by the laws of Wisconsin and the United States of America.