This Web Site Terms of Service is a binding legal contract between you and Learning Before Lunch L3C. The Terms of Service governs your access to and use of the web site offered by Learning Before Lunch, including without limitation any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it. By downloading, accessing or using any part of the Site, you will be bound by the these terms. If you do not agree to the terms of these terms, Learning Before Lunch is not willing to grant you any right to use or access the Site. In such event, you are not granted permission to access or otherwise use the Site and are instructed to exit the Site immediately.
Learning Before Lunch may change, add or remove portions of the Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review the Terms of Service prior to each use of the Site, and by continuing to use the Site, you agree to any changes.
SITE ACCESS AND USE
The Site you have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by Learning Before Lunch and its affiliates. Learning Before Lunch retains all rights, title and interest in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks and trade secret rights.
Learning Before Lunch may change, suspend, or discontinue any aspect of the Site at any time.
1. GRANT OF LICENSE. Learning Before Lunch grants you a personal, revocable, nontransferable, nonexclusive license to use the Site for personal, non-commercial purposes, conditioned on your continued compliance with the terms of these Terms of Service.
2. LIMITATIONS. The license granted to you in these Terms of Service is restricted as follows:
• Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Site for personal, non-commercial use only, provided that you maintain all copyright, trademark and other notices contained therein.
• Limitations on Use. You may use and access the Site solely for your personal, non-commercial use. All use of the Site must be in accordance with the Terms of Service. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any contents, information, data or materials provided through the Site in any manner not expressly permitted by the Terms of Service or the Site. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to use or copy the Site. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site; (ii) attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, the account of any other authorized user or any other systems or networks connected to the Site or to any server used by Learning Before Lunch or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks of Learning Before Lunch or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site; (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Site without the express, separate and prior written permission of Learning Before Lunch; (x) create an intact reproduction of a page or pages of the Site into another website; or (xi) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Learning Before Lunch.
• Non-Solicitation. You may not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services.
• Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any materials accessed through the Site,
• Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) or labels from the Site or on any materials accessed through the Site.
• Compliance with Applicable Law. You are solely responsible for ensuring your use of the Site is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
3. USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view information and materials or submit material (as defined below) of any kind, you represent that you: (i) are at least 18, or between the ages of 13 and 17 and using the Site with parental or legal guardian consent and supervision; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by Learning Before Lunch; and (iii) are not using another authorized user’s account without his/her permission.
4. YOUR SUBMISSION OF CONTENT. The Site may contain comment areas, questionnaires, tools, and other interactive features where you can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “material”). You are solely responsible for any material you provide. By submitting material to the Site, you warrant that you have all necessary rights to grant, and automatically grant to Learning Before Lunch and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Site to access, view, store or reproduce your material and content for that user’s personal, non-commercial use. Learning Before Lunch will not be required to treat any material as confidential, and you further grant to Learning Before Lunch the right to edit, copy, display, publish and distribute any material made available via the Site by you, without compensation to you or any other party submitting the material for you. Notwithstanding the right and license, by merely permitting your material to appear on the Site, Learning Before Lunch is not a publisher of such material, and is merely functioning as an intermediary to enable you to provide and display materials. Moreover, and except as provided in the Terms of Service with respect to the right and ability of Learning Before Lunch to delete or remove material, Learning Before Lunch does not endorse, oppose, or edit any opinion provided by you or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any material displayed, uploaded, linked-to or distributed by you or any other user. You agree that by using the Site, you will not post or transmit any of the following:
· anything that interferes with or disrupts the Site or its operation;
· materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing;
· unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
· materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
· materials that harm minors;
· materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity;
· files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to receipt of services, participation in a particular program, authorized user registration to other specific portions or features of the Site, all of which are made a part of this Terms of Service by this reference.
6. LINKS TO OTHER SITES. Learning Before Lunch may provide links, in its sole discretion, to other sites on the World Wide Web. Learning Before Lunch is not responsible for the availability of these outside resources or their contents. Learning Before Lunch expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party sites, or the products or services provided by any third party.
7. LINKS TO THIS SITE. You may link to this Site provided that you do so in a way that indicates that the link is to the www.LearningBeforeLunch.com website and is fair and not misleading. You may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content.
8. PASSWORDS; SECURITY. If registration by you as an authorized user for access to certain areas of the Site requires a user name and a password (“Authorized User Credentials”), you may also have to provide certain registration information, all of which must be accurate and updated. If this is required, you are not allowed to share or give your Authorized User Credentials to anyone else; you are responsible for maintaining the confidentiality of your password; and you agree not to use another person’s Authorized User Credentials or select Authorized User Credentials (i) with the intent to impersonate another person, (ii) subject to the rights of another person without authorization, (iii) in violation of the intellectual property rights of another person, or (iv) that Learning Before Lunch, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Failure to comply with the foregoing shall constitute a breach of the Terms of Service, which may result in immediate suspension or termination of your Authorized User Credentials. Learning Before Lunch will not be liable for any loss or damage arising from your failure to comply with these obligations. Learning Before Lunch reserves the right to delete or change Authorized User Credentials (with notice) at any time and for any reason.
9. TERMINATION. The Terms of Service and your license to use the Site will take effect the moment you install, access, or use the Site and will be in effect until terminated as set forth below. This license will automatically terminate in the event you breach any of its terms. Termination will be effective without notice. You may terminate the Terms of Service at any time by ceasing to use the Site. All applicable provisions of the Terms of Service as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The following will survive termination of these Terms of Service for any reason: (i) the General section below; (ii) the provisions concerning rights in your materials that You have granted to Learning Before Lunch; (iv) Learning Before Lunch’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
10. Warranty disclaimer. You expressly agree that use of the site is at your sole risk and you assume all risk. The site is provided on an “as available,” “as is” basis. To the maximum extent permitted by law, Learning Before lunch and its licensors disclaim all warranties with respect to the site, including, but not limited to, the implied warranties of non-infringement, title, merchantability, quiet enjoyment, quality of information, and fitness for a particular purpose. Learning Before Lunch does not warrant that the site will meet your requirements, or that the operation of the site will be uninterrupted or error-free, or that defects in the site will be corrected. You specifically acknowledge that Learning Before Lunch is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
10. LIMITATION OF LIABILITY. To the maximum extent permitted by law, in no event will Learning Before Lunch or its suppliers/licensors be liable to you or any third party for any direct, special, incidental, consequential, punitive, or indirect damages (whether in contract, tort (including negligence), or otherwise), which include, without limitation, damages for personal injury, lost profits, lost data and business interruption, arising out of the use of, or inability to use, the site, even if Learning Before Lunch has been advised of the possibility of such damages. In any case, the entire liability of Learning Before Lunch and its suppliers/licensors under these terms of service for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) is limited to the amount paid by you, if any, for access to the site.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
11. OTHER DISCLAIMERS.
The Site and the information contained herein is provided for informational and educational purposes only, and could include technical inaccuracies or typographical errors.
Information on the Site is provided with the understanding that Learning Before Lunch is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.
12. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE.
Learning Before Lunch is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Learning Before Lunch to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Learning Before Lunch by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper written notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement.
Our designated agent for notice of claims of copyright infringement can be reached at firstname.lastname@example.org
13. MONITORING. Learning Before Lunch has the right, but not the obligation, to monitor the content of the Site (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any material), to determine compliance with these Terms of Service and any operating rules established by Learning Before Lunch and to satisfy any law, regulation or authorized government request. Learning Before Lunch has the right and sole discretion to edit, refuse to post or remove any material submitted to or posted on or within the Site, including, without limitation, the right to remove any material that Learning Before Lunch, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
14. INDEMNIFICATION. You agree to indemnify, defend and hold Learning Before Lunch and its affiliates and its and their respective governors, directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site.
16. TRADEMARK INFORMATION. Any emblems of Learning Before Lunch posted on the Site are protected under federal law. All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owners.
17. GENERAL. This Terms of Service is governed by and construed in accordance with the laws of Louisiana. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the Louisiana and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. You may not modify, amend or alter in any way the Terms of Service. In the event any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decree, the remainder of the Terms of Service will remain valid and enforceable according to its terms. Any failure by Learning Before Lunch to strictly enforce any provision of the Terms of Service will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the Terms of Service. It is expressly understood and agreed that in the event any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages will remain in effect.