Last Updated: April 21, 2016
Scope of Use
The Site is for use by individuals who are at least eighteen years of age. If you are under eighteen years of age, you are not permitted to access the Site for any reason.
Use and Conduct Restrictions
Your permission to use the Site is conditioned upon the following Use and Conduct Restrictions. You agree that you will not, under any circumstances:
- use the Site for any unlawful purpose or for the promotion of illegal activities
- attempt to, or harass, abuse or harm another person or group
- provide false or inaccurate information when registering an account
- use another’s account without permission
- interfere or attempt to interfere with the proper functioning of the Site
- make any automated use of the Site, or take any action that Site Owner would deem to impose or potentially impose an unreasonable or disproportionately large load on servers and network infrastructure
- bypass any robot exclusion headers or other measures we take to restrict access to the Site
Risk of Loss
The risk of loss and title for all items purchased from the Site pass to you upon delivery of the items to the shipper.
Site Owner makes every attempt to provide you with accurate information, but we do not warrant or guarantee that product descriptions, colors or other contents of the Site are accurate, complete, reliable, current, or error-free.
Site Owner does not want and will not accept unsolicited ideas or inventions.
If you submit reviews, comments, suggestions, ideas, notes, drawings, concepts, recipes or other information to Site Owner through the Site or in response to solicitations on the Site (“Feedback”), you automatically assign to Site Owner all right, title and interest in and to your Feedback. You acknowledge that your Feedback shall be deemed and shall remain the property of Site Owner, and you agree that Site Owner is entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the Site. Site Owner will treat any Feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that Site Owner has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your Feedback and that Site Owner is only willing to accept your Feedback on these terms.
The trademarks, logos, service marks, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) displayed on the Site are Trademarks and trade dress of Site Owner or have been licensed to Site Owner. In addition, the Site and the Content are owned by and are the copyrighted materials of Site Owner or have been licensed to Site Owner. Except for your personal, non-commercial use as authorized above, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks or Content, without the express written permission of Site Owner.
Unauthorized use of any Trademark or Content is strictly prohibited and may be a violation of federal and state trademark, copyright or other intellectual property laws.
Children Under the Age of 13
The Site is not intended for children under 13 years of age. We do not knowingly collect Personal Information or other information from children under age 13. If you are under 13 years old, do not use or provide any information on or through the Site. If we learn we have collected or received Personal Information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any Personal Information from or about a child under the age of 13, please contact Site Owner using the contact information provided above.
Digital Millennium Copyright Act
Site Owner takes claims of copyright infringement seriously. If you believe any materials on the Site infringe your copyright, please inform our designated copyright agent by sending written notice by email to firstname.lastname@example.org. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice must include substantially the following:
- A reasonably detailed description of the copyrighted work(s) or other intellectual property(s) you claim has/have been infringed, or if the claim involves multiple words, a representative list of such works;
- Identification of the specific material you believe infringes upon our rights and sufficient information to enable Site Owner to locate the specific material. The DMCA only authorizes Site Owner to remove or disable access to specific infringing materials. We are not authorized to generally disable access to non-infringing materials;
- The following statements or equivalent:
- “I swear, under penalty of perjury, that the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- Your company name (if any), your legal name (printed), mailing address, and phone number, and, if available, an email address; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.
If you fail to comply with all of the requirements of § 512(c)(3) of the DMCA, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under § 512(f) of the DMCA.
Upon Site Owner’s receipt of a valid, complete takedown notice, Site Owner shall (i) remove or disable access to the specific allegedly infringing material identified in the notice, and (ii) take reasonable steps to contact the author(s) or other sources of the material.
If Site Owner removes or disables access to material as a result of a takedown notice, the person or entity supplying such material may instruct Site Owner to restore such material by providing a counter-notification to Site Owner. Upon receipt of a counter-notification, Site Owner shall send a copy of the counter-notification to the original complaining party and inform such party that Site Owner shall replace or restore access to the material within no less than 10 but no more than 14 days unless Site Owner receives official notice from the complaining party that it has filed an action seeking a court order.
Links to Third-Party Websites
The Site may contain links to third-party websites. These links are provided for your convenience only. Site Owner has no control over third-party websites and cannot be responsible for the content of such websites or the privacy practices of third-parties. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies.
Linking to the Site
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site may not be framed on any other website, nor may you create a link to any part of a Site other than the homepage. You agree to cooperate with Site Owner in causing any unauthorized framing or linking immediately to cease. Site Owner reserves the right to withdraw linking permission without notice.
Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SITE OWNER AND ITS BUSINESS PARTNER(S), INCLUDING IPRO ACADEMY LLC, HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER SITE OWNER NOR ANY PERSON ASSOCIATED WITH SITE OWNER MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SITE OWNER NOR ANYONE ASSOCIATED WITH SITE OWNER REPRESENTS OR WARRANTS THAT THE SITES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability
IN NO EVENT WILL SITE OWNER OR ITS BUSINESS PARTNERS, INCLUDING IPRO ACADEMY LLC, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITES AND THE CONTENT IS AT YOUR SOLE RISK.
Governing Law and Jurisdiction
Waiver and Severability