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- Responsibility of Contributors. If you comment on a lesson, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, andYOU.com has the right (though not the obligation) to, in andYOU.com’s sole discretion (i) refuse or remove any content that, in andYou.com’s reasonable opinion, violates any andYou.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in andYOU.com’s sole discretion.
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which andYOU.com links, and that link to andYOU.com. andYOU.com does not have any control over those non-andYOU.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-andYOU.com website or webpage, andYOU.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. andYOU.com disclaims any responsibility for any harm resulting from your use of non-andYOU.com websites and webpages.
- Intellectual Property. This Agreement does not transfer from andYOU.com to you any andYOU.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with andYOU.com. andYOU.com and all other trademarks, service marks, graphics and logos used in connection with andYOU.com, or the website, are trademarks or registered trademarks of andYOU.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any andYOU.com or third-party trademarks.
- Changes. andYOU.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. andYOU.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Disclaimer of Warranties. The Website is provided “as is”. andYOU.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither andYOU.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Website at your own discretion and risk.
- Limitation of Liability. In no event will andYOU.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to andYOU.com under this agreement during the twelve (12) month period prior to the cause of action. andYOU.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless andYOU.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Permissable Use. Permission is hereby granted to print a single copy of only the pages or sheets in this work that carry a copyright notice, provided each copy made shows the copyright notice. These pages are designed to be reproduced for use in classes with accompanying andYOU.com material, provided each copy made shows the copyright notice. Such copies may not be sold and further distribution is expressly prohibited. Except as authorized above, prior written permission must be obtained from andYOU.com to reproduce or transmit this work or portions thereof in any other form or by any other electronic or mechanical means, including but not limited to photocopying and recording, or by any information storage or retrieval system, unless expressly permitted by copyright law. Address inquiries to Permissions, andYOU.com, 1762 Norcross Road, Erie, PA 16510.
- Miscellaneous. This Agreement constitutes the entire agreement between andYOU.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of andYou.com, or by the posting by andYOU.com of a revised version. Any dispute arising under this Agreement shall be finally settled in arbitration or court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; andYOU.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.