Site Terms and Conditions of Use
1. User's Acknowledgment and Acceptance of Terms
Sublime Learning LLC ("Us" or "We") provides the
www.sublimelearning.com site and various related services
(collectively, the "site") to you, the user, subject to your compliance
with all the terms, conditions, and notices contained or referenced
herein (the "Terms of Use"), as well as any other written agreement
between us and you. In addition, when using particular services or
materials on this site, users shall be subject to any posted rules
applicable to such services or materials that may contain terms and
conditions in addition to those in these Terms of Use. All such
guidelines or rules are hereby incorporated by reference into these
Terms of Use.
These Terms of Use are effective as of June 1, 2010. We expressly
reserve the right to change these Terms of Use from time to time
without notice to you. You acknowledge and agree that it is your
responsibility to review this site and these Terms of Use from time to
time and to familiarize yourself with any modifications. Your continued
use of this site after such modifications will constitute
acknowledgement of the modified Terms of Use and agreement to abide and
be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include
our owners, subsidiaries, affiliated companies, officers, directors,
suppliers, partners, sponsors, and advertisers, and includes (without
limitation) all parties involved in creating, producing, and/or
delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but
not limited to, products and services to support and deliver
professional learning to the educational community, and other like
services. You are responsible for providing, at your own expense, all
equipment necessary to use the services, including a computer, modem,
and Internet access (including payment of all fees associated with such
access).
We reserve the sole right to either modify or discontinue the site,
including any of the sites features, at any time with or without notice
to you. We will not be liable to you or any third party should we
exercise such right. Any new features that augment or enhance the
then-current services on this site shall also be subject to these Terms
of Use.
3. Conduct on Site
Your use of the site is subject to all applicable laws and
regulations, and you are solely responsible for the substance of your
communications through the site. By posting information in or otherwise
using any communications service, chat room, message board, newsgroup,
software library, or other interactive service that may be available to
you on or through this site, you agree that you will not upload, share,
post, or otherwise distribute or facilitate distribution of any content
− including text, communications, software, images, sounds, data,
or other information − that:
a. is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy, tortious, contains explicit or
graphic descriptions or accounts
of sexual acts (including but not limited to sexual language of a
violent or threatening nature directed at another
individual or group of
individuals), or otherwise violates our rules or policies;
b. victimizes, harasses,
degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
c. infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
d. constitutes unauthorized or
unsolicited advertising, junk or bulk email (also known as "spamming"),
chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
e. contains software viruses or
any other computer code, files, or programs that are designed or
intended to disrupt, damage, or limit the functioning of any
software,
hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third
party;or
f. impersonates any person or
entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any
material uploaded or submitted by third party users of the site. We
generally do not pre-screen, monitor, or edit the content posted by
users of communications services, chat rooms, message boards,
newsgroups, software libraries, content libraries or other interactive
services that may be available on or through this site. However, we and
our agents have the right at our sole discretion to remove any content
that, in our judgment, does not comply with these Terms of Use and any
other rules of user conduct for our site, or is otherwise harmful,
objectionable, or inaccurate. We are not responsible for any failure or
delay in removing such content. You hereby consent to such removal and
waive any claim against us arising out of such removal of content. See
"Unauthorized Use of Materials" below for a description of the
procedures to be followed in the event thatany party believes that
content posted on this site infringes on any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary right of
any party.
In addition, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network or
server. Not all areas of the site may be available to you or other
authorized users of the site. You shall not interfere with anyone
else’s use and enjoyment of the site or other similar services.
Users who violate systems or network security may incur criminal or
civil liability.
You agree that we may at any time, and at our sole discretion,
terminate your membership, account, or other affiliation with our site
without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with
investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in
investigating suspected criminal violations.
4. Third-Party Sites and Information
This site may link you to other sites on the Internet or
otherwise include references to information, documents, software,
materials and/or services provided by other parties. These sites may
contain information or material that some people may find inappropriate
or offensive. These other sites and parties are not under our control,
and you acknowledge that we are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the
content of such sites, nor are we responsible for errors or omissions
in any references to other parties or their products and services. The
inclusion of such a link or reference is provided merely as a
convenience and does not imply endorsement of, or association with, the
site or party by us, or any warranty of any kind, either express or
implied.
5. Intellectual Property Information
Copyright © June 1, 2010, Sublime Learning LLC. All rights
reserved.
For purposes of these Terms of Use, "content" is defined as any
information, data, communications, software, photos, video, graphics,
music, sounds, and other material and services that can be viewed by
users on our site. This includes any message boards, chat, and other
original content including but not limited to user-generated
professional development resources.
By accepting these Terms of Use, you acknowledge and agree that all
content presented to you on this site is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws, and is the sole property of Sublime Learning LLC and/or its
Affiliates. You are only permitted to use the content as expressly
authorized by us or the specific content provider. Except for a single
copy made for personal use only, you may not copy, reproduce, modify,
republish, upload, post, transmit, or distribute any documents or
information from this site in any form or by any means without prior
written permission from us or the specific content provider, and you
are solely responsible for obtaining permission before reusing any
copyrighted material that is available on this site. Any unauthorized
use of the materials appearing on this site may violate copyright,
trademark and other applicable laws and could result in criminal or
civil penalties.
Neither we nor our Affiliates warrant or represent that your use of
materials displayed on, or obtained through, this site will not
infringe the rights of third parties. See "Unauthorized Use of
Materials " below for a description of the procedures to be followed in
the event that any party believes that content posted on this site
infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
The following are registered trademarks, trademarks or service marks of
Sublime Learning LLC or its Affiliates: “Sublime
Learning”, “eTeachables” and
“Transformational Teaching with Technology”. All custom
graphics, icons, logos and service names are registered trademarks,
trademarks or service marks of Sublime Learning LLC or its Affiliates.
All other trademarks or service marks are property of their respective
owners. Nothing in these Terms of Use grants you any right to use any
trademark, service mark, logo, and/or the name of Sublime Learning LLC
or its Affiliates.
6. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material
that you transmit to this site or to us, whether by electronic mail,
post, or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights in
such communications or material, you grant us and our agents and
Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to
copy, distribute, display, perform, publish, translate, adapt, modify,
and otherwise use such material for any purpose regardless of the form
or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us
unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do
the same. If you or any user of this site believes copyright, trademark
or other property rights have been infringed upon by a posting on this
site, you or the user should send notification to our Designated Agent
(as identified below) immediately. To be effective, the notification
must include the following.
1. Identify in sufficient detail
the copyrighted work that you believe has been infringed upon or other
information sufficient to specify the copyrighted
work.
2. Identify the material that you
claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably
sufficient to permit us to contact you (email address is preferred).
4. Provide information, if
possible, sufficient to permit us to notify the owner/administrator of
the allegedly infringing webpage or other content (email
address is preferred).
5. Include the following
statement: "I have a good faith belief that use of the copyrighted
materials described above as allegedly infringing is not
authorized by the copyright owner, its agent, or the
law."
6. Include the following
statement: "I swear, under penalty of perjury, that the information in
the notification is accurate and that I am the copyright owner
or am
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed."
7. Sign the paper.
8. Send the written communication
to the following address:
Designated Agent for Claimed Infringement:
Contact: Jonathan Mann
Address: 10940 SW Barnes Rd., Suite
#132, Portland, OR 97225
Phone: 503-830-7687
You acknowledge and agree that upon receipt of a notice of a claim of
copyright infringement, we may immediately remove the identified
materials from our site without liability to you or any other party and
that the claims of the complaining party and the party that originally
posted the materials will be referred to the United States Copyright
Office for adjudication as provided in the Digital Millennium Copyright
Act.
7. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE
MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR
REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR
AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS
OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES
ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
LISTED HEREIN, AT ANY TIME, WITHOUT NOTICE. THE MATERIALS OR SERVICES
ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE
SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY
MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES.
Through your use of the site, you may have the opportunities to engage
in commercial transactions with other users and vendors. You
acknowledge that all transactions relating to any merchandise or
services offered by any party, including, but not limited to, the
purchase terms, payment terms, warranties, guarantees, maintenance and
delivery terms relating to such transactions, are agreed to solely
between the seller or purchaser of such merchandize and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH, OR IN CONNECTION WITH, THIS SITE, AND YOU UNDERSTAND
AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN
RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,
SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE
FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY
US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site may represent the opinions and
judgments of an information provider, site user, or other person or
entity not connected with us. We do not endorse nor are we responsible
for the accuracy or reliability of any opinion, advice, or statement
made by anyone other than an authorized Sublime Learning LLC
spokesperson speaking in his/her official capacity. Please refer to the
specific editorial policies posted on various sections of this site for
further information, which policies are incorporated by reference into
these Terms of Use.
You understand and agree that temporary interruptions of the services
available through this site may occur as normal events. You further
understand and agree that we have no control over third-party networks
you may access in the course of the use of this site, and therefore,
delays and disruption of other network transmissions are completely
beyond our control.
You understand and agree that the services available on this site are
provided "AS IS" and that we assume no responsibility for the
timeliness, deletion, misdelivery or failure to store any user
communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR
LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY GOODS AND
SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION
THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
9. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold
us and our Affiliates harmless from all liabilities, claims, and
expenses, including attorney’s fees, that arise from your use or
misuse of this site. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate
with us in asserting any available defenses.
10. Security and Password
You are solely responsible for maintaining the confidentiality
of your password and account and for any and all statements made and
acts or omissions that occur through the use of your password and
account. Therefore, you must take steps to ensure that others do not
gain access to your password and account. Our personnel will never ask
you for your password. You may not transfer or share your account with
anyone, and we reserve the right to immediately terminate your account
if you do transfer or share your account.
11. Participation in Promotions
From time to time, this site may include advertisements offered
by third parties. You may enter into correspondence with or participate
in promotions of the advertisers showing their products on this site.
Any such correspondence or promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or
promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such
correspondence or promotion.
12. E-mail, Messaging, Blogging, and
Chat Services
We may make email, messaging, blogging, or chat services
(collectively, "Communications") available to users of our site, either
directly or through a third-party provider. We make available separate,
supplemental agreements characterizing the relationship between you and
us that, except where expressly noted or contradictory, includes these
Terms.
We will not inspect or disclose the contents of private Communications
except with the consent of the sender or the recipient, or in the
narrowly-defined situations provided under the Electronic
Communications Privacy Act, or as other required by law or by court or
governmental order. Further information is available in our Privacy
Policy.
We may employ automated monitoring devices or techniques to protect our
users from mass unsolicited communications (also known as "spam")
and/or other types of electronic communications that we deem
inconsistent with our business purposes. However, such devices or
techniques are not perfect, and we will not be responsible for any
legitimate communication that is blocked, or for any unsolicited
communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the
maximum permitted storage space, we may employ automated devices that
delete or block email messages that exceed the limit. We will not be
responsible for such deleted or blocked messages.
13. International Use
Although this site may be accessible worldwide, we make no
representation that materials on this site are appropriate or available
for use in locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. Those who
choose to access this site from other locations do so on their own
initiative and are responsible for compliance with local laws. Any
offer for any product, service, and/or information made in connection
with this site is void where prohibited.
14. Termination of Use
You agree that we may, in our sole discretion, terminate or
suspend your access to all or part of the site with or without notice
and for any reason, including, without limitation, breach of these
Terms of Use. Any suspected fraudulent, abusive or illegal activity may
be grounds for terminating your relationship and may be referred to
appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore,
your right to use the services available on this site immediately
ceases, and you acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or this
site. We shall not be liable to you or any third party for any claims
or damages arising out of any termination or suspension or any other
actions taken by us in connection with such termination or suspension.
15. Governing Law
This site (excluding any linked sites) is controlled by us from
our offices within Oregon, in the United States of America. It can be
accessed from all 50 states, as well as from other countries around the
world. As each of these places has laws that may differ from those of
Oregon, by accessing this site both of us agree that the statutes and
laws of the State of Oregon, without regard to the conflicts of laws
principles thereof and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the
use of this site and the purchase of products and services available
through this site. Each of us agrees and hereby submits to the
exclusive personal jurisdiction and venue of any court of competent
jurisdiction within the State of Oregon with respect to such matters.
16. Notices
All notices to a party shall be in writing and shall be made
either via email or conventional mail. Notices to us must be sent to
the attention of Customer Service at
customerservice@sublimelearning.com, if by email, or at Sublime
Learning 10940 SW Barnes Rd., Suite #132, Portland, OR 97225 if by
conventional mail. We may broadcast notices or messages through the
site to inform you of changes to the site or other matters of
importance, and such broadcasts shall constitute notice to you at the
time of sending.
17. Entire Agreement
These Terms and Conditions of Use constitute the entire
agreement and understanding between us concerning the subject matter of
this agreement and supersedes all prior agreements and understandings
of the parties with respect to that subject matter. These Terms of Use
may not be altered, supplemented, or amended by the use of any other
document(s). Any attempt to alter, supplement or amend this document or
to enter an order for products or services which are subject to
additional or altered terms and conditions shall be null and void,
unless otherwise agreed to in a written agreement signed by you and us.
To the extent that anything in or associated with this site is in
conflict or inconsistent with these Terms of Use, these Terms of Use
shall take precedence.
18. Miscellaneous
In any action to enforce these Terms of Use, the prevailing
party will be entitled to costs and attorneys’ fees. Any cause of
action brought by you against us or our Affiliates must be instituted
with one year after the cause of action arises or be deemed forever
waived and barred.
You may not assign your rights and obligations under these Terms of Use
to any party, and any purported attempt to do so will be null and void.
We may freely assign our rights and obligations under these Terms of
Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for
any commercial purposes any portion of this site, or use of or access
to this site.
In addition to any excuse provided by applicable law, we shall be
excused from liability for non-delivery or delay in delivery of
products and services available through our site arising from any event
beyond our reasonable control, whether or not foreseeable by either
party, including, but not limited to, labor disturbance, war, fire,
accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events beyond our
reasonable control, whether or not similar to those which are
enumerated above.
If any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and
effect.
Any failure by us to enforce or exercise any provision of these Terms
of Use or related rights shall not constitute a waiver of that right or
provision.
19. Contact Information
Except as explicitly noted on this site, the services available
through this site are offered by Sublime Learning LLC, a limited
liability company, located at 10940 SW Barnes Rd., Suite #132,
Portland, OR 97225. Our telephone number is 503-830-7687. If you notice
that any user is violating these Terms of Use, please contact us at customerservice@sublimelearning.com.