You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us, (b) are unlawful, threatening, harassing or profane, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact, or (f) in the case of Forum posts, constitute advertising for any product, site, or service that you own, represent, or with which you have any kind of monetary relationship. You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with, any other person or entity, (b) harm minors in any way, (c) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material), (d) engage in spamming, spoofing or flooding; (e) attempt to gain unauthorized access to other computer systems through the Site, or (f) harvest, collect or store information about the users of this Site or the Content posted by others on this Site. You may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
We have no obligation to monitor the Site. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
By posting information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be or become available to you on or through this Site, you agree that you are the sole responsible person from which such Content originated and that you have the right to post such Content.
You understand that the technical processing and transmission of the Site, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Practical Homeschooling assumes no responsibility for the transmission, deletion or failure to store postings or other information submitted by you or other users to Practical Homeschooling.
Any or all postings on the Site may be purged periodically at Practical Homeschooling's sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you will not rely on any Content created by Practical Homeschooling or submitted to Practical Homeschooling. You further acknowledge and agree that the views expressed by you and other users of the Site do not necessarily reflect the views of Practical Homeschooling, and Practical Homeschooling does not support or endorse any Content or otherwise posted by you or any user.
Disclaimer of Warranties
The site is provided by us on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Home Life, Inc. shall have no liability for any interruptions in the use of this Website. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
Home Life, Inc. SHALL NOT be liable for any damages whatsoever, and in particular we shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Home Life, Inc. is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site or the information contained thereon is strictly prohibited, except as allowed herein or otherwise approved by us in writing. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Practical Homeschooling. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site.
User's Grant of Limited License
By submitting or sending information or other material to Practical Homeschooling you grant Practical Homeschooling the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
In operating this Site, Practical Homeschooling may seek Content that originates with you and other Site users. Notwithstanding the foregoing, Practical Homeschooling does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or Practical Homeschooling's mail and email addresses, or in any other way. Any information or material submitted or sent to Practical Homeschooling will be deemed not to be confidential or secret, whether or not it is marked as such.
By submitting or sending information or other material to Practical Homeschooling you represent and warrant that the information is original to you and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used and/or distributed by us in any manner.
You also warrant that any "moral rights" in posted materials have been waived.
End User License
User hereby acknowledges and agrees that as a material condition to User's right to access the Site.
- User shall not reproduce, distribute, transmit or otherwise disseminate, by any means, any material downloaded from the Site or any adaptations therefrom. User's right to access and operate the Site is solely for User's own, personal use and User shall not at any time make, offer, distribute or disseminate any materials taken from the Site, in whole or in part, for any purpose, commercial or noncommercial.
- User shall not acquire any rights of any kind whatsoever, in any media, in and to any mixes, adaptations or other uses of the Site and to the extent that User could be considered under any law now or hereafter existing to have any such right, of a derivative nature or otherwise, User hereby unequivocally assigns any and all such rights throughout the universe in all media now known or hereafter developed to Practical Homeschooling or its licensors.
Any violation in whole or in part of any of these conditions to access of the Site shall render any use made thereof by User unauthorized and infringing and, without limiting any remedies that Practical Homeschooling or any other party may have, User shall be liable for statutory damages to the maximum permitted by applicable law, along with other remedies available under the laws, including copyright laws, of the United States and other countries.
USER HEREBY ACKNOWLEDGES AND AGREES TO THE ABOVE CONDITIONS AS A MATERIAL INDUCEMENT TO PERMIT USER'S ACCESS OF THE SITE.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Practical Homeschooling or post to the Site is done at your own risk.
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line. Practical Homeschooling shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
Failure to Comply With Terms and Conditions and Termination
Your access to the Site may be terminated at any time, and without cause, by either Practical Homeschooling or you, upon notification to the other by e-mail.
You acknowledge and agree that we may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of Practical Homeschooling, or are otherwise deemed inappropriate for continued access.
You agree to defend, indemnify and hold Home Life, Inc., its parents, subsidiaries, directors, officers, employees, agents and affiliates harmless from any and all claims, demands, liabilities, costs and expenses, including reasonable attorneys' fees and costs, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials on or through the Site by you.
Modifications and Interruption to Service
Home Life, Inc. reserves the right to modify or discontinue the Service with or without notice to the Visitor. We shall not be liable to Visitor or any third party should we exercise our right to modify or discontinue the Service. Visitor acknowledges and accepts that Home Life, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with, adversely affected or terminated by numerous factors or circumstances outside of our control.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While we make every effort to ensure that the information on this website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website.
We make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of Missouri
Compliance with Laws
Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 Home Life, Inc. with all rights reserved, or is the property of Home Life, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Home Life, Inc. is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Home Life, Inc.
Practical Homeschooling®, Practical Homeschooling®, and Homeschool Mall® are proprietary marks of Home Life, Inc. Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Home Life, Inc.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Home Life, Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Gregory Hickel, Esq.
Hickel Law Firm, L.L.P.
12300 Old Tesson Rd., Suite 400-G
St. Louis, MO 63128-2247
By Telephone: (314) 842-8818
By Email: email@example.com
We retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Home Life, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.