Effective Date: March 1, 2013.
Use of Website and Enrollment in Get A Clue Classroom. Upon payment of the membership fee, we grant you a non-exclusive, non-transferable, limited right to access and use the Get A Clue Classroom and the Website for your personal use for the time period in which you have enrolled, subject to the terms of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered member of Get A Clue Classroom or user of the Website. You agree that only you may use your user account and password and you agree not to share them with others. You agree to be financially responsible for all payment of fees charged for enrollment in the Get A Clue Classroom and use of the Website. We reserve the right to limit enrollment in the Get A Clue Classroom and use of the Website to adult United States citizens. Individuals under the age of 18 are not permitted to enroll in the Get A Clue Classroom or use the Website. The Get A Clue Classroom and the Website are not presently set up to be used by persons under the age of 18 years or to be used or accessed by individuals who pay in other than U.S. currency.
Fees and Payment Terms. The membership fee of $47.00 Silver Membership, $247 Gold Membership per month will be charged or debited by PayPal Services or Selected Payment Service, available on the Website, to the credit/debit card you used to enroll. You agree that we are authorized to automatically charge your credit/debit card for the membership fee each month until you notify us in writing of your cancellation of membership at email@example.com or by canceling your membership through your Personal Profile before the next month’s billing date that you are cancelling your membership. All fees for enrollment in the Get A Clue Classroom and for the use of the Website are nonrefundable unless we tell you in writing that fees are refundable. We may change the fees currently in effect by giving you written notice in advance. If you want to use a different credit/debit card for your membership or there is a change in credit/debit card validity or expiration date, you are responsible for updating it through your Personal Profile at PayPal.com or your payment service. If a monthly fee cannot be processed through your credit/debit card due to its invalidity or for any other reason, your membership in the Get A Clue Classroom and access to the Website will be suspended until you provide a valid credit/debit card for payment of the fee. You are responsible for any fees or charges incurred to access the Website through an Internet access provider or other third-party service.
If you have taken up a free trial offer, you may access the Website and Get A Clue Classroom free for the trial period. When you register for the free trial offer, you will be asked to provide your credit/debit card information. Your credit/debit card will be charged at the end of the trial period for a membership only if you do not notify us of your cancellation during the trial period. If you do not cancel during the trial period, your credit/debit card will be charged for your enrollment in the Get A Clue Classroom. You may only benefit from one free trial and, if we discover that you have requested or received more than one free trial, you will become liable for payment of the membership fee or we may deny you further access to the Website.
Registration Information. You acknowledge that you have provided us with accurate and complete registration information, and you agree that it is your responsibility to update any changes to that information (including your email address) through your Personal Profile at Get A Clue Classroom or by contacting us at firstname.lastname@example.org by written notice. You authorize us to share your membership information, including credit/debit card information, with third parties only for the purpose of verifying the information you have provided to us and for charging your credit/debit card. You agree to maintain and promptly update your information provided to us to keep it accurate. If you fail to notify us promptly of any change to your information, then any notice we send to your old email shall be deemed sufficient notice. If you give us any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to believe that such information you have given us is untrue, inaccurate or incomplete, we reserve the right to suspend or cancel your user account and password and prohibit your access to the Website.
Cancellation or Termination. You may cancel your membership at any time by providing us with at least 14 days’ written notice to email@example.com or through your Personal Profile at Get A Clue Classroom. Your fees for the current month will be non-refundable. We reserve the right to cancel your membership and terminate or suspend your user account, password and/or access to the Website if you do not comply with this Agreement at any time, including payment of fees. You agree that we shall not be liable to you or any third party for any cancellation of your membership in Get A Clue Classroom or your access to or use of the Website. If we cancel your membership, we reserve the right, in our sole judgment, to refund all or a portion of the membership fee already paid.
Waiver and Release. In consideration for being granted the right to access and use the Get A Clue Classroom and Website for the term of your membership, you hereby agree, on behalf of yourself, your personal representatives, heirs, successors and assigns, to waive, release and discharge Integrated Media Solutions (IMS) its principals, employees, contractors, agents and assigns, from liability for any and all claims for personal injury, death, or property damage arising out of your enrollment and/or participation in the Get A Clue Classroom and use of the Website. This waiver and release of liability will survive the termination or cancellation of your membership.
Limitation of Our Liability. You agree that your only right with respect to any dissatisfaction with or complaint about the Get A Clue Classroom or the Website, including without limitation any change in our content or fees, is to cancel your membership. You agree that our maximum liability for any claim for injury or damages of any kind or nature arising out of your participation in the Get A Clue Classroom or your use of the Website is limited to the total amount of fees you have paid to us under this Agreement.
Security. You are solely responsible for maintaining the confidentiality of your user name and password for the Website. If you believe someone has accessed the Website using your user name and password without your authorization, please contact us at support@getaclueclassroom. If we reasonably believe that your user name and password is being used in any way which is not permitted by this Agreement, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your account until the issue has been resolved.
Protected Information. You agree the Get A Clue Classroom and the Website contain information, software, photos, video, text, graphics, sounds, creative work, messages, feedback, ideas, recipes, articles and other materials (collectively, “Protected Information”) that are protected by our copyrights, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Protected Information is copyrighted under the United States copyright laws. Our partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Protected Information which they make available on this Website. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Protected Information. When Protected Information is downloaded to your computer, you have the right to use the Protected Information pursuant to the terms of this Agreement, but you do not obtain any ownership interest in it. Use of the Protected Information for any other purpose including, but not limited to, use of any Protected Information in printed form or on any other website or computer environment is strictly prohibited, unless you obtain our prior written consent.
Other Products and Services. From time to time, we may offer additional or other products and services on the Website that are provided directly by Integrated Media Solutions or its affiliates, or by third parties. We will post a notice of our offer for these products and services on the Website and you may have the right, but not the obligation, to purchase these products and services for an additional charge.
Links to Other Websites. This Agreement applies only to this Website, and not to the websites of any other person or entity. We may provide, or we may allow third parties to provide, links to other websites or online resources that are not affiliated with IMS. You agree that we are not responsible for the availability of or content on such external sites, and we do not endorse any products, services or information on or within such websites. You agree that we will not be held liable for any injury or damage you allege have been caused to you by your use of, or reliance on, any content or other information available on any other website. You should direct any concerns with respect to any other website to that website’s administrator.
USE OF BLOGS, DISCUSSION GROUPS AND POSTING OF MESSAGES. The Website may include bulletin boards, blogs, discussion groups and other public areas that allow feedback to us and interaction between members and other users. The opinions, advice and statements contained in messages posted by members or others on the Website are those of the members or other users and not ours. We do not control the messages posted on our Website by others and we do not guarantee the accuracy, integrity or quality of such messages. We reserve the right to remove any messages we deem, in our sole judgment, to be unlawful or inappropriate for the Website. If we have reasonable grounds to believe that a message contains any material we believe is in violation of this Agreement, including the conditions set forth below, we reserve the right to remove the message, and we will not be liable for such removal.
The content of any messages posted on the Website are governed under the following conditions:
1. Messages posted by members or others may be offensive or objectionable to you and we are not liable for such messages. To the extent you believe a message is offensive or objectionable, you agree to notify us in writing of such message at firstname.lastname@example.org. We reserve the right in our sole judgment to determine whether the message should remain on the Website or be removed. If you post a message on the Website that someone objects to, we reserve the right to remove your message.
2. You agree not to post a message containing any copyrighted, proprietary or protected material that is owned by someone else, such that a claim of infringement could arise or be alleged.
3. You agree not to post any messages that may be unlawful, harmful, threatening, abusive, harassing, defamatory, derogatory, vulgar, obscene, invasive of another person’s privacy, hateful, or racially, ethnically or otherwise objectionable, or to use a message to harass or stalk a principal or employee of Get A Clue Classroom. or a member or other user of the Website.
4. You agree not to post on the Website any unauthorized advertising, spam, promotional materials, junk mail or any other form of commercial solicitation.
5. You agree not to post any message that contains software viruses or any other computer files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
6. You agree not to solicit or post, or attempt to solicit or post on the Website, any of your personal data or the personal data of any other member, Website user or anyone else.
DMCA Policy. It is our policy to fully comply with the terms of the Digital Millennium Copyright Act of 1998 (“DMCA”) and to remove any material or posts which we are notified and that we determine infringes upon the copyrights of any party. We do not knowingly place, nor allow others to place, any infringing materials on our Website. Our policy is, at our discretion, to terminate the account of any member of our Get A Clue Classroom or user of our Website who knowingly infringes upon the copyrights of others, including repeat offenders. We refer you to the full text of the DMCA at http://www.copyright.gov for a complete description of the rights and obligations concerning materials on the Website that are believed to be infringing on a party’s rights. If material on our Website is believed to be infringing on your copyrights, you may notify the Designated Agent at email@example.com. Notice of a claimed infringement must be in writing and provided to our Designated Agent, and must contain the following information:(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;(ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the party alleging the infringement, such as an address, telephone number and, if available, an electronic mail address at which the party may be contacted;(v) A statement that the party alleging infringement has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notice is accurate, and under penalty of perjury, the party alleging the infringement is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon our receipt of written notice, we will investigate and respond quickly to remove or disable access to the material that is claimed to be infringing.
Amendments to this Agreement. If we amend the terms of this Agreement, we will post a notice of the amendment on the Website, and will also notify you via electronic mail (at the email address we have on record for you) or other communication that we believe is reasonably calculated to be received by you. Following our providing notice to you, you have the right to accept or reject the amendment. If you don’t accept the terms of the amendment, you may cancel your membership by notifying us in writing (by U.S. Mail, postage prepaid, or by electronic mail, or through the Website) before the end of your current membership term. You agree that if you do not notify us in writing of your cancellation before the end of your current membership term, you have agreed to accept the amendment to the terms for your membership and use of the Website going forward.
Disclaimer of Warranties – Use of Website. The Get A Clue Classroom and contents of the Website are provided “as is.” We hereby disclaim any and all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy, non-infringement and compatibility. IMS specifically disclaims any warranty that the use of the Website will be error free, free from viruses or other harmful components, uninterrupted or without defects, or that any defects will be corrected by us. We will not be liable for any damages, including without limitation, loss of data, to your computer or electronic device used to access the Website or to use the Get A Clue Classroom. You agree that your participation in the Get A Clue Classroom and use of the Website, including the acquisition of any products and services offered on the Website, is done at your sole risk without any express or implied warranties, and you agree to assume that risk.
Controlling Law. This Agreement, your membership in Get A Clue Classroom and access to and use of the Website is subject to and will be interpreted by the laws of South Carolina without regard to conflict of law principles. If any court action arises out of this Agreement, it must be brought in the state courts located in Horry County, South Carolina or the federal district court in SC, as applicable, and you consent to such jurisdiction.
1. In any action arising out of your enrollment in the Get A Clue Classroom or your use of the Website, the prevailing party shall be entitled to receive an award of its reasonable attorney fees and costs incurred in connection with the action.
2. No waiver of any provision, whether or not similar, on one occasion shall constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
3. If any provision of this Agreement is found to be invalid or unenforceable, it may be severed from the Agreement by court order and the remaining provisions of the Agreement shall continue to be binding and effective.
4. Our rights and obligations under this Agreement may be assigned by us without your consent. This Agreement will inure to the benefit of our successors and assigns.
5. The subject headings for the sections of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions.
THERE MUST BE A CHECK THE BOX (“I AGREE”) AT THE END THAT PREVENTS THE USER FROM REGISTERING FOR THE GET A CLUE CLASSROOM OR ACCESSING THE WEBSITE UNLESS THEY CHECK THE BOX.