Effective date: June 14, 2019
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE USING THE WEBSITE OR SERVICE.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and Service. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
I. MATERIALS AND OWNERSHIP
Unless otherwise indicated, the Website is our proprietary property and we retain the intellectual property rights to all content originating on the Website. The Website may contain information, documentation, data, services, logos, trademarks, artwork, text, video, audio, pictures, content, and other materials (collectively, “Materials”).
Provided that you are eligible to use the Website, you may download Materials that provide information on The Pocket-Sized Professor’s products and services (such as client paperwork, PDF resources, press releases, datasheets, and service documentation) and that are made available by The Pocket-Sized Professor for download from the Website. The Pocket-Sized Professor retains all rights and title to such Materials, but grants you the limited right to use such Materials for your personal, non-commercial, and informational purposes, provided that you do not (a) distribute any such Materials on any networked computer or broadcast such Materials in any media (including social networks), (b) remove any proprietary notice language from such Materials, (c) make any modification to such Materials, or (d) make any representation or warranty relating to such Materials. Except as expressly provided above, or as specifically permitted elsewhere on the Website, you may not use, reproduce, republish, post, transmit, or distribute any Materials.
II. ACCEPTABLE USE OF THE SITE
The following terms apply to all User behavior on the Website.
A. You are not permitted to browse, download, or upload illegal content.
B. You must not copy or capture, or attempt to copy or capture, any content from the Website (the “Content”) or any part of the Websites, unless given express permission by The Pocket-Sized Professor.
C. You must not copy, republish, adapt, make available, or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Website, except (i) where such Content is created by you (“Your User Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
D. You must not use any Content (other than Your User Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
E. You must not employ scraping or similar techniques to aggregate, repurpose, republish, or otherwise make use of any Content.
F. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
G. You must not alter or remove, or attempt to alter or remove, any trademark, copyright, or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your User Content).
H. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your User Content.
I. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
(i) any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in The Pocket-Sized Professor’s sole and reasonable discretion;
(ii) any information, Content or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
(iii) any Content that violates, breaches, or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in The Pocket-Sized Professor’s sole and reasonable opinion;
(iv) any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair, or disrupt the Website or servers or networks forming part of, or connected to, the Website, or which does or might restrict or inhibit any other user’s use and enjoyment of the Website; or
(v) any unsolicited or unauthorized advertising, promotional messages, spam, or any other form of solicitation.
J. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or regulation.
K. You must not rent, sell, or lease access to the Website, or any content on the Website, although this will not prevent you from including links from Your User Content to any legitimate online download store from where any item of Your User Content may be purchased.
L. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or posting comments using the name of another.
M. You must not stalk, exploit, threaten, abuse, or otherwise harass another User, or any Pocket-Sized Professor employee, moderator, or other designated agent representing The Pocket-Sized Professor. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
N. You must not sell or transfer, or offer to sell or transfer, any User or Member account with The Pocket-Sized Professor to any third party without the prior written approval of The Pocket-Sized Professor.
O. You must not collect or attempt to collect personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping.
P. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by The Pocket-Sized Professor or any Uploader; access or attempt to access data or materials that are not intended for your use; log into, or attempt to log into, a server or account that you are not authorized to access; attempt to scan or test the vulnerability of The Pocket-Sized Professor’s servers, system, or network or attempt to breach The Pocket-Sized Professor’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means, including, without limitation, hacking The Pocket-Sized Professor’s servers or systems, submitting a virus, overloading, mail-bombing, or crashing. Without limitation to any other rights or remedies of The Pocket-Sized Professor under these Terms of Service, The Pocket-Sized Professor reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any Users who have participated in any such violations.
III. USER MATERIALS
- You are not a minor in the jurisdiction in which you reside. In the United States, you affirm you are at least 18 years of age.
- You have obtained any and all necessary consents, permissions, and/or releases from any and all persons appearing in your posting in order to include their name, voice, performance, or likeness in your post and to publish the same on the Website and via any third party services.
- The content of Your User Content or posting does not and will not create any liability on the part of The Pocket-Sized Professor, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
By posting any material to a Forum or otherwise through the Website, Users acknowledge that any questions, comments, suggestions, ideas, feedback, or other submitted material are non-confidential. You agree to the above representations and grant The Pocket-Sized Professor (and our licensors, suppliers, licensees, and all other Users) a worldwide, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense (through multiple tiers), for no compensation, and in any manner, form or medium, to (a) use, copy, distribute, transmit, perform, edit, translate, link to, frame, reformat, publish, transcode, display, modify, and otherwise create derivative works of your materials, (b) display advertising on or in close association with your materials, and (c) publish your name in connection with your materials. If you do not agree to the foregoing license you should not post any materials on a Forum.
For all material you post on a Forum, you represent and warrant that you have all rights necessary for you to grant the permissions in this Section III.
In addition, Users shall not post any material on or through a Forum, or otherwise engage in any conduct in connection with any Forum, that:
(i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or which contains explicit or graphic descriptions or accounts of violence or sexual acts;
(ii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, gender identity, sexual orientation, race, ethnicity, nationality, age, or disability;
(iii) promotes violence, hate, terrorism, or illegal acts;
(iv) impersonates any person, business or entity, including The Pocket-Sized Professor and its employees and agents;
(v) contains any viruses, Trojan horses, or other destructive or harmful code, or that could otherwise damage or harm anyone else or their systems; or
(vi) infringes or violates any intellectual property, privacy or other proprietary rights of any other party.
You agree that The Pocket-Sized Professor is not liable for any material that is posted by any User of a Forum, whether you find it harmful, inaccurate, offensive, or otherwise. We have no duty to pre-screen content, but we have the right to refuse to display, delete, or edit submitted material. We reserve the right to remove any material for any reason, but we are not responsible for any failure or delay in removing such material. We do not promise to store or make available on the Website any materials that you or any other User posts for any length of time. You are solely responsible for keeping backups of everything that you post on the Website.
IV. PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify The Pocket-Sized Professor of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
The Pocket-Sized Professor will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features that may be linked to your account.
The Materials on the Website are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or a third party as a result of your use of the Website or Service. These include, but are not limited to, personal or business interruptions or delays; misapplication of information; physical, mental, emotional, or spiritual injury or harm; loss of data, income, or revenue; loss of business, profits, or contracts; anticipated savings; loss of goodwill; and/or wasted time. We also expressly exclude liability for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
By using the Website, you acknowledge that the information provided by the Company does not constitute legal, financial, medical, or business advice in any way. We do not make any representations regarding the physical, mental, emotional, financial or any other type of result that you may experience after encountering information presented to you through our Website or Service.
Materials provided by the Company are not to be construed as medical, psychological, legal, business, or financial advice in any way. You are advised to consult with your own medical and mental health practitioners, legal counsel, financial advisor, and accountant if you have any questions or concerns regarding your own financial, business, or personal circumstances. You are solely responsible for your own results. The Company may not be held liable or responsible in any way for your outcomes.
Materials on the Website may contain references and links to other websites maintained by third parties that take Users outside of the Company’s Website and Service. These links are provided for your convenience and do not constitute any affiliation or endorsement, sponsorship, or approval of external sites or their owners. We do not endorse or take responsibility for the views, opinions, facts, advice, or statements contained in the content of any third party links, and assume no responsibility for the accuracy or reliability of such content and are not liable for any errors or omissions caused by other websites that may be referenced in Materials on the Website. If you choose to visit third party sites linked on the Website, it is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
The Pocket-Sized Professor reserves the right to remove Users’ content and/or pursue all legal remedies if we believe that any material in a posting breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation. The Pocket-Sized Professor is not required to provide you notice prior to terminating your membership and/or subscription.
The Pocket-Sized Professor reserves the right to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) at any time, with or without notice. You agree that The Pocket-Sized Professor shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Service.
VII. LIMITATION OF LIABILITY
The Company does not assume liability for accidents; delays; injuries; harm; loss; damage; death; personal or business interruptions or delays; misapplication of information; physical, mental, emotional, or spiritual injury or harm; loss of data, income, or revenue; loss of business, profits, or contracts; anticipated savings; loss of goodwill; and/or wasted time or otherwise, due to any act or default of any person or business, whether owners, employees, agents, joint venture partners, contractors, vendors, or other party, affiliated with the Company. We do not assume liability for any owners, employees, agents, joint venture partners, contractors, vendors, or other party who is engaged in delivering Materials or rendering our Services or in any way or in any location. In the event that you use our Services or Materials, or any other information provided by the Company or affiliated with us, we assume no responsibility.
V. GOVERNING LAW AND DISPUTE RESOLUTION
It is hoped that, should the Company and a User ever have a disagreement, we could be able to resolve it amicably through e-mail correspondence. However, should we fail to reach a resolution within a reasonable time, you agree that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to firstname.lastname@example.org and include all of your reasons for dissatisfaction with the Service, Website, or Company. You acknowledge and agree now that the only remedy that can be awarded to you through arbitration is the full refund of payments made by you up to the date of the aforementioned e-mail communication requesting arbitration. Both you and the Company agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
You agree that any arbitration must begin within one (1) year of the date of your e-mail to the Company referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that, should arbitration take place, it will be held in Marion, Illinois, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between you and the Company, you agree to refrain from any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Materials or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Please contact us with any questions regarding this agreement at email@example.com