Terms and Use
General Provisions
By using this Internet web site you agree to be subject to and agree to be bound by
the following Internet Web Site Terms of Use and Conditions. You represent that you
are of legal age to form a binding contract.
If you do not agree to all of the terms and conditions set forth in this Internet
Web Site Terms of Use and Conditions, you may not use this Internet web site.
Operant Systems, INC., (“COMPANY”) owner of this Internet web site, reserves the
right, at any time, to modify, alter, or update these Internet Web Site Terms of Use
and Conditions. By accepting these Internet Web Site Terms of Use and Conditions,
you agree to be bound by such modifications, alterations, or updates.
This Internet web site may include hyperlinks to third party Internet web sites that
are not owned or operated by COMPANY Those Internet web sites may have respective
Terms of Use and Conditions, and visitors to those pages may be required to agree to
those respective Terms of Use and Conditions. COMPANY is not responsible for the
content, terms of use or privacy practices of other Internet web sites to which this
Internet web site may link to or is linked from.
Description of Services
The purpose of this Internet web site is to provide information in connection with
services and products offered by and for COMPANY.
Intellectual Property
Patent
COMPANY is the owner of one or more issued U.S. Patents and/or pending U.S. Patent
Applications, which may apply to one or more parts of this Internet web site.
Confidential Information: For the purpose of this agreement, the term
‘Confidential Information’ shall mean the following:
Any information or know how, idea, application data, process technique, program,
design drawing formula or test data work in process, engineering, manufacturing,
marketing, financial or personal matter, sales information, suppliers, customer,
employees, investors, or business plan, whether in oral, written form, graphic or
electronic form, or any document, diagram, drawing, computer program or other
communication which is either marked confidential or reasonably known by the
licensee to be confidential, or is of a proprietary nature and is learned or
disclosed in the course of discussions, studies, or work undertaken between the
parties. (including the terms and conditions of this Agreement), will be treated as
confidential by the receiving party. The receiving party will not disclose to a
third party any of such information, or use such information other than for the
purpose for which it was provided, without the prior written consent of the other
party.
Copyright
Except as otherwise set forth and provided herein, all material including but not
limited to text, pictures, graphics and flash animations, data, icons and
arrangement thereof that is displayed, and any hypertext markup language or any
programming code included in or as a function of this Internet web site, is
protected under the copyright laws of the United States of America and international
conventions. It is the exclusive property of COMPANY, COMPANY’s content suppliers
and/or other respective owners, and any exclusive property of COMPANY may not be
copied, modified or distributed in any form or for any reason without the express
written consent of COMPANY.
Trademarks
The trademarks TeachMe are registered trademarks of COMPANY. All trademarks, service
marks, and trade names appearing in this Internet web site (collectively, the
“Marks”) are trademarks or registered trademarks of and are proprietary to COMPANY,
or other respective owners that have granted COMPANY the right and license to use
the Marks. Any trademarks, service marks, trade names, trade dress and products
appearing in this Internet web site are reserved by the respective owners and may be
afforded protection in the United States and internationally.
You expressly understand and agree that any of COMPANY’s Marks are the property of
COMPANY.
Any questions concerning the use of these trademarks or whether a trademark that
does not appear on this list is a trademark of COMPANY should be referred to COMPANY
at support@operantsystems.com.
No license or right to use is granted to you in any way in connection with any of
the above trademarks, or with any other trademark appearing in connection with this
Internet web site in any manner or for any purpose.
Warranty
COMPANY provides this Internet web site and its contents exclusively on an “as is”
basis. COMPANY makes no representations or warranties of any kind, express or
implied, as to the operation of this Internet web site, or any information regarding
COMPANY or any service or product described in this Internet web site with regard to
the accuracy and completeness of the information.
COMPANY EXPRESSLY DISCLAIMS AND YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS OF THIS INTERNET WEB
SITE FOR ANY PURPOSE, TO THE EXTENT PERMITTED BY LAW. COMPANY EXPRESSLY DISCLAIMS
ANY AND ALL LIABILITY FOR ANY DAMAGE OF ANY KIND FROM USE OF THIS INTERNET WEB SITE,
INCLUDING BUT NOT LIMITED TO DIRECT AND INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES,
SPECIAL DAMAGES AND PUNITIVE DAMAGES.
User Registration
Users may be required to submit identifying information, for example, to receive
information about COMPANY, to receive information about services we provide, or
about upcoming scheduled events. COMPANY does not knowingly collect any personally
identifiable information from anyone under eighteen (18) years of age.
All submissions to this Internet web site are governed by these Internet Web Site
Terms of Use and Conditions and/or the COMPANY Privacy Policy, which is incorporated
by reference in its entirety herein.
COMPANY reserves the right to block or otherwise take down any advertisement or
promotion from this Internet web site, at COMPANY’s discretion.
Intellectual Property Protection
COMPANY takes its intellectual property very seriously, and will take any and all
measures necessary to protect its intellectual property, including but not limited
to inventions (whether patentable or not), trademarks, copyright and trade secret.
This Internet web site and COMPANY grants no license rights for any intellectual
property owned or licensed by COMPANY.
Governing Law
These Internet Web Site Terms of Use and Conditions shall be interpreted and
enforced in accordance with the laws of the State of New York, with no regard to
conflicts of law principles. By using this Internet site, you agree that any
dispute, claim or cause of action in connection with use of this Internet web site
be resolved without resorting to a class action or any form thereof. Each user of
this Internet web site consents to exclusive jurisdiction of the Courts of the State
of New York, and, when applicable, the Southern District of New York.
User Supplied Content and Submissions
Users hereby grant to COMPANY a nonexclusive, irrevocable, worldwide, perpetual,
unlimited, assignable, sublicenseable, fully paid up and royalty-free right license
to use, copy, make derivative works of, distribute, publish, commercialize, retain,
and/or save in any way now known or in the future discovered, any content that is
submitted to COMPANY, without any further consent, notice and/or compensation to you
or to any third parties.
You hereby warrant and represent to COMPANY that any information you provide or
submit in connection with this Internet web site, including information which may be
posted on this Internet web site is accurate, is truthful, and does not violate any
confidentiality rights, contractual restrictions, including related rights of any
other third party, and/or any law. You also warrant that all information you submit
about yourself is truthful, and that you will not provide any false personal
information on this Internet web site. You also agree to modify any information you
have submitted that is no longer accurate or is obsolete, including any information
that relates to any registration information you have submitted to COMPANY.
Control Over Content
COMPANY exercises no control over any content any user submits. COMPANY has no
obligation to supervise any content submitted by any users. You agree to inform
COMPANY of any misappropriated content, or any inappropriate or illegal of any
content posted on or by COMPANY that you are or become aware of.
Indemnification
You agree to indemnify COMPANY and to hold COMPANY harmless from any damages, losses
and costs (including, but not limited to, reasonable attorneys’ fees), including any
charges that relate to any claims by any third party, or any charge related to your
non-compliance with these Internet web site Terms and Conditions.