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Terms of Use
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Welcome to ULiveandLearn
ULiveandLearn provides its service to you, subject to the following Terms of Use and the U Rules, which may be updated by us from time to time without notice to you by updating this posting. Please read these Terms of Use and the U Rules carefully before using this site. By using this site, you signify your assent to these terms and the U Rules. If you do not agree to these terms or the U Rules, please do not use this site.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by ULiveandLearn Inc. (referred to as "ULiveandLearn," "we," "us" or "our" herein). This site contains proprietary and confidential information provided by ULiveandLearn, its licensors and other users that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
No material from ULiveandLearn or any Web site owned, operated, licensed or controlled by ULiveandLearn may be copied, reproduced, republished, used to create a derivative work, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ULiveandLearn's or its licensor's copyright and other proprietary rights. For purposes of this agreement, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to ULiveandLearn or its licensors.
In the event you download any software from the site, ULiveandLearn grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software. ULiveandLearn does not transfer title of the software to you. You own the medium on which the software is recorded, but ULiveandLearn retains full and complete title to the software and all intellectual property rights therein. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the site. You agree not to access the site by any means other than through the interface provided by ULiveandLearn for use in accessing the site.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the site and the services offered by ULiveandLearn, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site's registration form and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ULiveandLearn has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ULiveandLearn has the right to suspend or terminate your membership and refuse any and all current or future use of the site (or any portion thereof).
ULiveandLearn PRIVACY POLICY
Information about you obtained upon registration and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy.
MEMBER NAME, PASSWORD AND SECURITY
You will select a password and account designation called a ULiveandLearn Member Name upon completing our registration process. You are responsible for maintaining the confidentiality of your member name and password, and are fully responsible for all activities that occur under your member name or password. You agree to (a) immediately notify ULiveandLearn of any unauthorized use of your member name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ULiveandLearn cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
USER ACKNOWLEDGMENTS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ULiveandLearn, are entirely responsible for all Content that you upload, post, email or otherwise transmit via this site. ULiveandLearn does not control the Content posted to the publicly accessible areas of this site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ULiveandLearn be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via this site.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
You represent and warrant to ULiveandLearn that you will fully comply with these Terms of Use and the U Rules. If you choose to post any Content to any portion of the ULiveandLearn site, or to submit any Content to ULiveandLearn, you further represent and warrant to ULiveandLearn that such Content is not subject to any copyright, proprietary or intellectual property rights, or that you have obtained express authorization from the holder of such rights to distribute such materials on ULiveandLearn. By posting any Content to any portion of the ULiveandLearn site, you automatically grant (or warrant that the owner of such rights has expressly granted) ULiveandLearn a perpetual, royalty-free, irrevocable, fully sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content (in whole or in part) or incorporate such Content in other works in any form, media or technology now known or later developed throughout the universe.
You hereby indemnify, defend and hold ULiveandLearn and all of its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement or the foregoing representations, warranties and covenants or your use of this site, including, without limitation, reasonable attorneys' fees. You shall use your best efforts to cooperate with ULiveandLearn in the defense of any claim. ULiveandLearn reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You acknowledge that ULiveandLearn does not pre-screen Content posted to any publicly accessible area of this site, but that ULiveandLearn and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available on the site. Without limiting the foregoing, ULiveandLearn and its designees shall have the right to remove any Content that violates these Terms of Use or the U Rules or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, including without limitation information posted on any ULiveandLearn message boards, forums or communities and in all other parts of this site.
You acknowledge and agree that ULiveandLearn may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use and the U Rules; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ULiveandLearn, its users and the public.
TERMINATION
You agree that ULiveandLearn, in its sole discretion, may terminate your password, account (or any part thereof) or use of the site, and remove and discard any Content from the site, for any reason, including, without limitation, for lack of use or if ULiveandLearn believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or the U Rules. ULiveandLearn may also in its sole discretion and at any time discontinue providing all or any part of the services offered on this site, with or without notice. You agree that any termination of your access to this site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that ULiveandLearn 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 the site. Further, you agree that ULiveandLearn shall not be liable to you or any third party for any termination of your access to this site.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ULiveandLearn shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this site.
LINKS
This site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ULiveandLearn has no control over such sites and resources, you acknowledge and agree that ULiveandLearn is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ULiveandLearn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ULiveandLearn DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ULiveandLearn DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES OFFERED ON OR THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ULiveandLearn DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT ULiveandLearn) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE ULiveandLearn SITE, WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT ULiveandLearn HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ULiveandLearn BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE OR ANY OTHER SITE, EVEN IF ULiveandLearn OR A ULiveandLearn-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ULiveandLearn'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY AREA OF THIS SITE OR ENROLLING IN ANY COURSE OR PROGRAM OFFERED ON THIS SITE.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, so the above exclusions or limitations of Sections 11 and 12 may not apply to you.
COPYRIGHTS AND PERMISSION REQUESTS
ULiveandLearn respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ULiveandLearn's Copyright Agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
ULiveandLearn's Copyright Agent for notice of claims of copyright infringement on its site is its Chief Legal Officer, who can be reached as follows: Chief Legal Officer, ULiveandLearn Inc., P.O. Box 926, Mendenhall, PA 19357 (By phone: (610) 388-8426)
(By email: copyright@ULiveandLearn).
GENERAL INFORMATION
These Terms of Use and the U Rules constitute the entire agreement between you and ULiveandLearn and govern your use of this site, superseding any prior agreements between you and ULiveandLearn. These Terms of Use and the U Rules and the relationship between you and ULiveandLearn shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and ULiveandLearn agree to submit to the personal and exclusive jurisdiction of the courts located in New Castle County, Delaware. The failure of ULiveandLearn to exercise or enforce any right or provision of these Terms of Use or the U Rules shall not constitute a waiver of such right or provision. If any provision of these Terms of Use or the U Rules is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the unenforceable provision to the greatest extent possible, and the other provisions of these Terms of Use will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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