Last Updated: September 20, 2006
To use the Web site, you must be thirteen years of age or older. If you are under the age of 13, you are not allowed to register as a member of YourTeachers.com or access the content on the Web site. YourTeachers.com holds the right to terminate your Membership and/or prohibit you from using or accessing the Web site for any reason, at any time.
The Web site is intended solely for personal, non-commercial use. Under the terms of this agreement, you agree that the content you submit to the Web site will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You also agree not to use automated scripts to collect information from the Web site for any purpose. You further agree that you may not use the Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web site. In addition, you agree not to use the Web site to:
- make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- intimidate or harass another;
- use or attempt to use another's account, service or system without authorization from YourTeachers.com, or create a false identity on the Service or the Web site.
Proprietary Rights in Content on the Web Site
All content on the Web site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of YourTeachers.com. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission from YourTeachers.com. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Web site are either trademarks or registered trademarks of YourTeachers.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YourTeachers.com.
Member Content Posted on the Web Site
You are solely responsible for the content that you publish or display on the Web site. You agree that the Web site cannot in any way be held liable for the content that is posted on the Web site. You understand and agree that the Web site may review and delete or remove any content that in the sole judgment of YourTeachers.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members or others. You have the ability to remove your content from the Web site at any time.
YourTeachers.com is not responsible for any incorrect or inaccurate content posted on the Web site, whether posted or caused by users of the Web site, members or by any of the equipment or programming associated with or utilized in the Web site. YourTeachers.com is not responsible for the conduct, whether online or offline, of any user of the Web site. The Web site may be temporarily unavailable from time to time for maintenance or other reasons. YourTeachers.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. YourTeachers.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Web site. Under no circumstances will YourTeachers.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site, any content posted on or through the Web site or transmitted to members, or any interactions between users of the Web site or members, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL YOURTEACHERS.COM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO YOURTEACHERS.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law and Venue
Any dispute relating in any way to the Web site (including your visit to or use of the Web site) shall be submitted to confidential arbitration in Harrisburg, PA, except that, to the extent you have in any manner violated or threaten to violate YourTeachers.com or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Pennsylvania.
You agree to indemnify and hold YourTeachers.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web site in violation of this Agreement or your violation of any law or the rights of a third party.
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