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TERMS AND CONDITIONS GOVERNING CREATION AND USE OF WORKNOTES SITES |
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WorkNotes makes available to you for your use this Web site (the "Site"), and any web sites created, used or operated as part of the Site, including all information, documents, communications, files, text, graphics, software, and services available through the Site, and all services operated by WorkNotes and third parties through the Site (collectively, the "Service"), subject to the terms and conditions set forth in this document and any changes to this document that WorkNotes may publish from time to time (collectively, the "Terms") as set forth below. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICE, DOWNLOADING ANY MATERIALS, OR MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS AND CONDITIONS AS SET FORTH BELOW." ACCEPTANCE WorkNotes reserves the right to change the Terms and other guidelines or rules posted on this Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any materials or Service accessible through it, after such notice has been posted, constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms, as well as any rules and guidelines posted on the Site at the time of such use. You should periodically check the "Terms and Conditions" link on the Site's home page to view the then-current terms. If you breach any of the Terms, your authorization to use this Site automatically terminates, and any materials downloaded or printed from the Site in violation of the Terms must be immediately destroyed. Please note that other Semantech. Inc. services, outside of WorkNotes.com, such as TeacherWeb.com, are governed by different Terms. DESCRIPTION OF SERVICE WorkNotes.com currently provides users with access to a rich set of online service resources, including personal web page hosting services, including speical easy-to-use web cration and web updating (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new WorkNotes.com resources, shall be subject to the Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. SUBSCRIBER FEES Credit card payments must be made by someone at least 18 years of age. If subcriber fees are not paid the Service may be terminated. Subscriber Fees are charged at the beginning of each new month and are non-refundable. Changes in fees will be sent in at least 31 days in advance to all email addresses supplied. YOUR OBLIGATIONS In consideration of use of the Service, you agree to: (a) provide an accurate, current email address and credit card information. If you provide any information that is untrue, inaccurate, not current or incomplete, or WorkNotes.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WorkNotes.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). WORKNOTES.COM PRIVACY POLICY WorkNotes does NOT sell its list of subscriber names or email addresses, or any information, and collects no personal information whatsoever regarding the viewers who visit the website. SUBSCRIBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not WorkNotes.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. WorkNotes.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a WorkNotes.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose; (h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) "stalk" or otherwise harass another; (k) collect or store personal data about other users; (l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; (m) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond WorkNotes.com; (n) have multiple WorkNotes.com addresses that are within the same WorkNotes.com neighborhood or that have the same theme; or (o) engage in commercial activities that are primarily a function your web. This includes, but is not limited to, the following activities: offering for sale any products or services that are based solely on your web; soliciting for advertisers or sponsors; conducting raffles or contests that require any type of entry fee; displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites. INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. SUBMITTED CONTENT WorkNotes.com does not claim ownership of the Content you place on your WorkNotes.com Site. You acknowledge that WorkNotes.com does not pre-screen Content, but that WorkNotes.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, WorkNotes.com and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. INDEMNITY You agree to indemnify and hold WorkNotes.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. USE AND STORAGE You acknowledge that WorkNotes.com may establish general practices and limits concerning use of the Service. Currently, each WorkNotes.com address allows particular individuals to have 135 web pages plus hundreds of grades/confidential files plus 10MB of disk space for your one's own files. MODIFICATIONS TO SERVICE WorkNotes.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WorkNotes.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. TERMINATION You agree that WorkNotes.com, in its sole discretion, may terminate your password, WorkNotes.com Site, use of the Service or use of any other WorkNotes.com service, and remove and discard any Content within the Service, for lack of payment or for violations of the terms defined above. Further, you agree that WorkNotes.com shall not be liable to you or any third-party for any termination of your access to the Service. WORKNOTES PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WorkNotes.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. DISCLAIMER OF WARRANTIES You expressly understand and agree that: (a) Your use of this service is at your sole risk. The service is provided on an "as is" and "as available basis. WorkNotes.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for aparticular purpose and non-infringement. (b) WorkNotes.com makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v)any errors in the software will be corrected. (c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download on any such material. (d) No advice or information, whether oral or written, obtained by you from WorkNotes.com or through or from the service shall create any material not expressly stated in the Terms. LIMITATION OF LIABILITY You expressly understand and agree that WorkNotes.com shall not be liable for any direct, indirect, incidental, spwcial, consequential or exemplary damages, including but not limited to, damages for loss of profits, Goodwill, use, data or other intangible losses (even if WorkNote.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service (iii) unauthorized access to or alteration of your transmissions of data or web page content; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, the limitations described in the prior two sections do is service is not being offered in those jurisdictions and those in those jurisdictions should not use the service. NOTICES Notices to you will be made via email. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. COPYRIGHTS & PATENTS Copyrights apply to all template pages and basic page types and to all the graphics that are supplied in our graphics library. In addition, the technology is protected by pending patents. GENERAL INFORMATION The Terms constitute the entire agreement between you and WorkNotes.com and govern your use of the Service, superceding any prior agreements between you and WorkNotes.com (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other WorkNotes.com services, third-party content or third-party software. The Terms and the relationship between you and WorkNotes.com shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and WorkNotes.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfield, Connecticut. The failure of WorkNotes.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. VIOLATIONS Please report any violations of the Terms to us at Info@WorkNotes.com Acknowledgement: Some backgrounds & divider line graphics provided with permission from Country Clipart |
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