Terms Of Service
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. Modification to this Agreement
2. Community Conduct
You agree not to post or make available Content:
a) That is illegal, harmful, threatening, abusive, hateful, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) Constitutes or encourages a criminal or civil offense or unethical activity;
c) That is pornographic, sexually suggestive or depicts a human being engaged in sexual conduct;
d) That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
e) That violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
f) That impersonates, uses the likeness of, voice of or signature of, any person or entity, including, but not limited to, an ALL In Learning employee, or falsely states or otherwise misrepresents your affiliation, connection of sponsorship with or by a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
g) That includes personal or identifying information about another person without that person's explicit consent;
h) That is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
i) That infringes or otherwise violates any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
j) That constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement;
k) That constitutes or contains any form of advertising or solicitation if: posted in areas of the ALL In Learning sites which are not designated for such purposes; or emailed to ALL In Learning users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
l) That includes links to commercial services or web sites, except as allowed in "services";
m) That advertises any service or item the sale of which is prohibited or restricted by any applicable law, including without limitation services and items the sale of which is prohibited or regulated by national, state, and local law.
n) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o) That disrupts communication, access, connection, or display with, to or of the Website by anyone with an excessive amount of content (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website;
p) That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through or to the Website;
q) That contains words or symbols considered "curse" or "swear" words, vulgar or lewd expressions, explicit or implied;
You agree to not engage in the following conduct:
a) Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
b) "Stalk" or otherwise harass anyone;
c) Collect personal data about other users for commercial or unlawful purposes;
d) Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website - unless expressly permitted by ALL In Learning;
e) Attempt to gain unauthorized access to ALL In Learning, LLC's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the ALL In Learning website;
f) Use any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
4. Agreement to Deal Electronically
Your use of the Website is conducted electronically and you agree that ALL In Learning may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices. If you do not wish to communicate electronically, do not use this Website. Delivery of electronic notices is not infallible, so you agree to contact ALL In Learning if you need information about the Website. You agree to keep all records relating to your use of the Website and to print or make an electronic copy of this Agreement and any disclosures provided on the Website. Except as prohibited by law, you waive any law requiring different communication methods in connection with your use of this Website. ALL In Learning reserves the right, at its sole discretion, to deliver notices and disclosures by other means such as postal mail.
5. Submissions to ALL In Learning
Electronic content published to ALL In Learning will be placed on the ALL In Learning Website, where it will be available for access by users of ALL In Learning products. While utilizing the Internet Services of ALL In Learning, you may submit to ALL In Learning information, content, graphics, artwork, or other materials ("Submissions" or "Content") in accordance with the guidelines set forth in this Use Policy Terms and Conditions Agreement. ALL In Learning reserves the right at any time and without notice to refuse to post or to remove any Submission or Content, in its sole discretion.
Acceptance of any electronic content for publishing is at ALL In Learning's sole discretion. We reserve the right in our sole discretion not to publish any electronic Content you create, or to remove any electronic Content you create from the Website at any time, without limiting our rights with respect to any other electronic Content you may have published to the Website.
We will not provide any technical support for your electronic Content, other than technical support provided generally to users of the Website. It is up to you to provide any corrections, for your Content. ALL In Learning does not make any warranty that the Website or your electronic Content will be available or function properly in all possible browser, operating system and platform configurations.
6. PRIVACY AND INFORMATION DISCLOSURE
7. No SPAM Policy
You understand and agree that sending unsolicited email advertisements to ALL In Learning email addresses or through ALL In Learning computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers
located in Texas and elsewhere in the United States. Any unauthorized use of ALL In Learning computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. PAID POSTINGS
9. LIMITATIONS ON SERVICE
You acknowledge that ALL In Learning may establish limits concerning use of the Website and Site Content, including, without limitation, the maximum number of days that Content will be retained by the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You agree that ALL In Learning has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. You acknowledge that ALL In Learning reserves the right at any time to modify or discontinue the Website and Site Content (or any part thereof) with or without notice, and that ALL In Learning shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Site Content.
10. ACCESS TO THE SERVICE
ALL In Learning grants you a limited, revocable, nonexclusive license to access the Website and Site Content for your own personal use. This license does not include:
(a) access to the Website by Posting Agents; or (b) use of any collection, aggregation, copying, duplication, display or derivative use of the Website or Site Content, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by ALL In Learning. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or which is in the business of providing classified ad listing services.
Use of the Website or Site Content beyond the scope of authorized access granted to you by ALL In Learning immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Website or any Site Content made available via the Website for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ALL In Learning.
11. TERMINATION OF SERVICE
12. PROPRIETARY RIGHTS
The Website and Site Content is protected to the maximum extent permitted by copyright laws and international treaties. Site Content displayed on or otherwise available by or through the Website is protected pursuant to copyrights laws, and international conventions. Any reproduction, modification, display, creation of derivative works from or redistribution of the Website or Site Content, including copying, displaying, or reproducing the Website, Site Content or any portion thereof on or to any other server or location for further display, reproduction or redistribution is prohibited without the express written consent of ALL In Learning. You further agree not to reproduce, duplicate or copy any portion of the Website, Site Content or Content from the Website or otherwise without the express written consent of ALL In Learning, and agree to abide by any and all copyright notices displayed on the Website, Site Content and Content. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website and Site Content. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, rent, lease, license or exploit for any commercial purposes, any aspect of the Website, Site Content and Content.
Although ALL In Learning does not claim ownership of Content that its users post, by posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to ALL In Learning an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Website, you automatically grant ALL In Learning all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose.
13. Third Party Content, Sites, and Services
The ALL In Learning Website, Site Content and Content available through the Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of ALL In Learning, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Website, Site Content and Content, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are responsible for whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that ALL In Learning shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Website, or between users and any third party, you understand and agree that ALL In Learning is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ALL In Learning, its officers, employees, agents and successors in rights from claims, demands and damages (actual, enhanced, punitive, and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
15. Copyrights and Trademarks
The Website and Site Content is the property of ALL In Learning and its licensors and is protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the ALL In Learning site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by ALL In Learning at the Website are reserved to ALL In Learning and its licensors.
16. Copyright Complaints
ALL In Learning respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined below.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. NOTIFICATION OF CLAIMS OF INFRINGEMENT:
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify ALL In Learning's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at email@example.com or:
ALL In Learning
1204 Bent Oaks Court
Denton, TX 76210
Please provide our Agent with the following Notice:
· A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is alleged to have been infringed;
· A description of the copyrighted work or other intellectual property that you claim has been infringed and identification of the portions of such work(s) or property that you claim to be infringing, or if multiple copyrighted works or other intellectual properties or other intellectual property on the Website are covered by a single notification, a representative list of such works and properties;
· Identification of the material on the ALL In Learning Website that you claim is infringing, with enough detail so that we may locate it on the Website;
· A description of where the material that you claim is infringing is located on the ALL In Learning Website and identification of the material that is to be removed or access to which is to be disabled;
· Information reasonably sufficient to permit ALL In Learning to contact you, such as your physical address, telephone number, and email address;
· A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and
· A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or intellectual property owner, or are authorized to act on behalf of the copyright owner. ALL In Learning will investigate, in appropriate circumstances, notices of copyright and intellectual property infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2). Inquiries that do not follow this procedure will not receive a response.
The ALL In Learning names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of ALL In Learning, or its subsidiaries or affiliates (collectively, "ALL In Learning "). You are not authorized to use any ALL In Learning name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of ALL In Learning. Requests for authorization should be made ALL In Learning's Chief Information Officer at the address for All In Learning contained on the Website.
18. DISCLAIMER OF WARRANTIES
YOU AGREE THAT NEITHER ALL In Learning NOR ITS AFFILIATES SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEBSITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; OR (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE. YOU AGREE THAT USE OF THE ALL In Learning SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE ALL In Learning WEBSITE AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL In Learning DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ALL In Learning WEBSITE AND THE SITE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL In Learning DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ALL In Learning WEBSITE OR THE SITE CONTENT, OR ACCESSED THROUGH ANY LINKS ON OR IN THE ALL In Learning WEBSITE, SITE CONTENT, AND CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL In Learning DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ALL In Learning WEBSITE, SITE CONTENT AND CONTENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
19. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ALL In Learning BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ALL In Learning HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ALL In Learning WEBSITE, SITE CONTENT AND CONTENT, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ALL In Learning WEBSITE, SITE CONTENT OR CONTENT , FROM INABILITY TO USE THE ALL In Learning WEBSITE, SITE CONTENT OR CONTENT, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ALL In Learning WEBSITE, SITE CONTENT OR CONTENT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ALL In Learning WEBSITE, SITE CONTENT OR CONTENT OR ANY LINKS ON THE ALL In Learning WEBSITE, SITE CONTENT AND CONTENT, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ALL In Learning WEBSITE, SITE CONTENT OR CONTENT OR ANY LINKS ON OR IN THE ALL In Learning, LLC WEBSITE, SITE CONTENT OR CONTENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
20. GENERAL INFORMATION
We welcome your questions and comments on this document in the ALL In Learning at: