Web Site Agreement
ConfidentVoice Online Classroom Web Site Agreement
The ConfidentVoice Online Classroom Web Site (the "Site") is an online information service provided
by ConfidentVoice.com, 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, PLEASE DO NOT ACCESS OR USE THE SITE.
ConfidentVoice Online Classroom 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. Use of the Site.
ACCESS AND RESTRICTIONS ON USE
To access this site you may be asked to provide certain registration details or
other information. It is a condition of your use of ConfidentVoice Online Classroom that all
information you provide on this site will be correct, current, and complete. If
ConfidentVoice Online Classroom believes the information your provide is not correct, current or
complete, we have the right to refuse you access to this site or to any of its
resources, and to terminate or suspend your access at any time, without notice.
Under the license granted by this agreement, this site's content will be used
and accessed by you only, for your own personal use. You agree that you will not
knowingly allow any third party to access or use any of the site's content, and
agree to take all reasonable efforts to safeguard any passwords for this Site.
You are prohibited from sharing or distributing your passwords to others, and
from compromising or tampering with security, system resources, and/or accounts
in any way. Any passwords used for this site are for individual use only.
You may use this site for purposes permitted by this site. You may not use
this site for any other purpose, including any commercial purpose, without
ConfidentVoice.com's express prior written consent.
DISCLAIMER
You understand that, except for information, products or services
clearly identified as being supplied by ConfidentVoice Online Classroom,
ConfidentVoice Online Classroom does not operate, control or endorse any information, products or
services on the Internet in any way. Except for
ConfidentVoice Online Classroom-
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
ConfidentVoice Online Classroom. You also understand that
ConfidentVoice Online Classroom 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. ConfidentVoice Online Classroom 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 ConfidentVoice Online Classroom 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.
ConfidentVoice Online Classroom DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
LIMITATION OF LIABILITY
ConfidentVoice.com strives to provide the highest quality
content and services. However, ConfidentVoice.com makes no representations or
warranties, express or implied, including the implied warranties of
merchantability and fitness for a particular purpose.
IN NO EVENT WILL ConfidentVoice Online Classroom 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 ConfidentVoice Online Classroom 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. IN THE EVENT THAT ANY
OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IS INEFFECTIVE, YOU AGREE THAT OUR
MAXIMUM LIABILITY TO YOU SHALL BE THE TOTAL OF FEES THAT YOU HAVE PAID TO US IN
CONNECTION WITH ACCESS TO THIS SITE AND/OR FOR PRODUCTS OR SERVICES PURCHASED
THROUGH THIS SITE. THE REMEDIES AVAILABLE TO YOU AGAINST US UNDER THIS AGREEMENT
ARE EXCLUSIVE.
2. Copyright, Licenses and Submissions.
The entire contents of the Site are protected by copyright law. The owner of the copyrights and
trademarks is ConfidentVoice.com, 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 reasonable 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.
By submitting material to the public areas of the site (such as bulletin
boards, forums and newsgroups) or by email to ConfidentVoice Online Classroom, you grant to
ConfidentVoice Online Classroom a non-exclusive, royalty-free, worldwide, perpetual
and irrevocable license in all media, now known or hereafter developed, 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) such submissions. You also
grant to ConfidentVoice Online Classroom 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
ConfidentVoice Online Classroom for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
ConfidentVoice Online Classroom.
Although under no obligation to do so, our Company reserves the
right to monitor use of this site to determine compliance with these Terms of
Use, as well the right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the content of
your submissions. You acknowledge and agree that neither Company nor any third
party that provides Content to Company will assume or have any liability for any
action or inaction by Company or such third party with respect to any
submission.
Our Company will treat any personal information that you submit
through this site in accordance with its Privacy Policy as set forth on this
site.
TRADEMARKS
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
ConfidentVoice Online Classroom. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
3. Indemnity.
You agree to indemnify, defend and hold harmless ConfidentVoice Online Classroom, 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.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.
Note: Our refund policy states in full our policy regarding refunds of membership fees,
fees paid for products, and/or fees paid for services, please see that document for
more details.
5.DMCA Notice.
ConfidentVoice Online Classroom respects the intellectual property rights of others and has a
policy to comply with the take-down procedures established under the Digital
Millennium Copyright Act, 17 U.S.C.S512 ("DMCA"). If you believe that a posting
on the Site infringes your intellectual property rights, take-down notices
complying with DMCA requirements should be sent to our contact address.
6.Resolution of Disputes.
This Agreement shall all be governed and construed in accordance with the
laws of Maryland. You agree that any legal action or proceeding between
ConfidentVoice Online Classroom 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 in Maryland, to whose jurisdiction you
hereby consent. You agree that the remedy for any breach of this agreement
involving unauthorized access or other infringement of our intellectual
property rights shall be an award of damages equivalent to the statutory
damages recoverable under the United States Copyright Ace, 17 U.S.C. S501
etseq. (the "Act"), regardless of whether our Content is protected by
the Act or has been timely and/or properly registered under the Act, and
regardless of whether you are located in the United States.
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. ConfidentVoice Online Classroom'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. ConfidentVoice Online Classroom 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.
COPYRIGHT NOTICE © 2009 ConfidentVoice.com. Prepared for: ConfidentVoice Online Classroom. All rights reserved.
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