Except as specifically noted, all material, images, and text found on this site is held in Copyright by Labyrinth Learning and its owners. The reproduction, use or dissemination of the material found on this site is expressly forbidden for any purpose except as may be approved in writing by the Labyrinth Learning management.
Labyrinth Learning® and the Labyrinth logo are registered trademarks of Labyrinth Learning. Microsoft®, Encarta®, MSN®, and Windows® are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Outlook® and PowerPoint® are registered trademarks of Microsoft Corporation. Macromedia® and Dreamweaver® are registered trademarks of Macromedia, Inc. Intuit® and QuickBooks® are registered trademarks of Intuit, Inc. Other product, service, and company names mentioned herein may be the registered trademarks and/or trademarks of their respective owners.
(A) The User shall use Labyrinth Learning's website and System (here-in-after known as the System) for lawful purposes only. User shall not post or transmit through the System any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Labyrinth Learning's express prior approval, contains advertising or any solicitation with respect to products or services except as may be allowed for within the guidelines set forth for the System. Any conduct by a User that in Labyrinth Learning's discretion restricts or inhibits any other User from using or enjoying the System will not be permitted. User shall not use the System to advertise or perform any commercial solicitation (except as otherwise noted), including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the System.
(B) User shall not upload, post or otherwise make available on the System any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the System, User automatically grants, or warrants that the owner of such material has expressly granted Labyrinth Learning the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material except the direct commercial sale of such material as the part of a CD or other file transfer medium is not permitted without the written permission of the holder of the copyright for said material. User also permits any other User to access, view, store or reproduce the material for that User's personal use.
(C) The foregoing provisions of this Section are for the benefit of Labyrinth Learning, its subsidiaries, affiliates and its third-party content providers and licensor and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability:
(A) THE USER EXPRESSLY AGREES THAT USE OF THE SYSTEM IS AT USER'S SOLE RISK. NEITHER LABYRINTH LEARNING, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT LABYRINTH LEARNING WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SYSTEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SYSTEM.
(B) LABYRINTH LEARNING'S SYSTEM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT LABYRINTH LEARNING IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL LABYRINTH LEARNING, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LABYRINTH LEARNING'S WEB CONTENT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SYSTEM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER LABYRINTH LEARNING, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UN AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SYSTEM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NEITHER LABYRINTH LEARNING, NOR ITS AFFILIATES OR INFORMATION PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION PROVIDED ON THE SYSTEM.
User agrees to defend, indemnify and hold harmless Labyrinth Learning, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney fees, arising out of the use of Labyrinth Learning's System by the User or the User's Account.
This Agreement and any operating rules for the System established by Labyrinth Learning constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
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