© 2016 LearningExpress An EBSCO Company
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Welcome to LearningExpressHub.com. This website (the "Website") provides general information about the Company.
1. USE OF THE WEBSITE
The Website may contain forums, bulletin board services, live chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities, designed to allow you to communicate with the Internet community or with a group.
You agree to use the Website only for lawful purposes:
(a) Specifically, you agree not to do any of the following: (1) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an individual or affiliation with any person or organization; (5) upload to or transmit on the Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Website by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real-time activities via the Website; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software, or include in any message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Website, or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (10) post "spam," transmit chain letters, or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time, regarding use of the Website or any networks connected to the Website; (14) falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; or (15) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.
(b) Any content and/or opinions uploaded, expressed, or submitted to a message board, blog, chat room, or any other publicly available section of the Website (including password protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability, and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions, and that you have the right to post it to the Website. You grant to the Company the right to use all content you upload or otherwise transmit to the Website in any manner the Company chooses, including but not limited to, copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material, and making a derivative work based on it.
(c) To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all of the information you provide on the Website will be correct, current, and complete.
(d) The Company reserves the right, but does not assume any responsibility to: (1) remove any material posted on the Website which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material that the Company has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user's access to all or part of the Website. However, the Company can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmission, communication, or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Website and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(e) Your failure to comply with the provisions of (a), (b), or (c) above may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.
2. TRIAL ACCOUNT
You may have the option of creating a free trial account, in order to see how the Services operate. You may only create one trial account. The trial account will allow you to access trial products as so designated. Specific limitations or restrictions of a trial will be written in the trial offer materials.
3. TERMINATION OR RESTRICTION OF ACCESS
The Company reserves the right, in its sole discretion, to terminate your access to the Website at any time, without notice. If the Company terminates your account, you will not receive a refund for subscription fees already paid. If you wish to terminate your subscription, simply provide us with an email and instructions regarding the cancellation of your account. Your subscription will terminate on your next billing date. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
4. COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of the Website (including all information, software, text, displays, images, and audio) and the design, selection, and arrangement thereof, are proprietary to the Company and/or its affiliates or licensors, and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized only to use the content on the Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of the Company. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on this site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM; (b) store files that are automatically cached by your web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in the Website are transferred to you, but remain with the Company or the applicable owner of such content. Except when expressly authorized by the Company in writing, you may not reproduce, sell, or exploit for any commercial purposes (a) any part of the Website; (b) access to the Website; or (c) use of the Website or of any services or materials available through the Website.
5. TRADEMARKS AND PROPRIETARY INFORMATION
The Company name, the term "LearningExpressHub," the Company logo, and copyrighted works on the Website, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands, and marks are used for identification purposes only, and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provided trademarks, service marks, logos, and/or copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and/or copyrighted works appearing in the Website.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by the Company.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-
INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in the Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Website, and the Company does not undertake any obligation to update such information after it is posted, or to remove such information from the Website if it is not, or is no longer accurate or complete.
7. LIABILITY OF THE COMPANY AND ITS LICENSORS
The Company does not assume any liability for the materials, information, and opinions provided on, or available through, the Website (the "Site Content"). Reliance on the Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Site Content.
THE WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE WEBSITE, THE SITE CONTENT, OR THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE, THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
9. PRIVACY, PROTECTION OF PERSONAL INFORMATION, AND SECURITY
10. DEALINGS WITH OTHER MERCHANTS
If you choose to correspond, participate in a promotion, or engage in transactions with any merchant or employer found on or through the Website, you acknowledge and agree that the Company is not a party to, and will not be responsible for, your interaction with such merchant or employer, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant or employer. The terms of your interaction with any merchant or employer are solely between you and such merchant or employer. You agree that the Company will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants or employers on the Website. The Company makes no representations or warranties with relation to correspondences with merchants or employers and shall not be responsible for failure of the merchant, employer, or you to receive materials communicated in this fashion for any reason whatsoever.
11. COMMENTS AND SUBMISSIONS
The Company welcomes your comments. All comments, suggestions, or other information sent by you to the Website for internal use by the Company or its advertisers or business partners in response to solicitations on the Website will become the Company's property, and you agree that all intellectual property rights therein are transferred to the Company. You understand that any postings, or content submitted for posting, to publicly available portions of the Website are non confidential for all purposes.
13. HYPERLINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The Website may be hyperlinked to other sites which are not maintained by, or related to, the Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Website or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. The Company is not responsible for webcasting or any other form of transmission received from any hyperlinked site. The Company is not responsible for and does not endorse the content, products, services, or practices of any third party websites, including, without limitation, sites framed within the Website or third party advertisements, and does not make any representations regarding their quality, content, or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company's copyright agent with written notice detailing the possible infringement. The Company's Copyright Agent, for notice of claims of copyright infringement on the Website, please contact our Customer Service department at LXHub@learningexpresshub.com.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website.
A printed version of this agreement, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on the Website will govern the items to which they pertain.