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Terms and conditions:
Neuropath Learning Inc. Terms and Conditions THE FOLLOWING DESCRIBES THE TERMS ON WHICH NEUROPATH LEARNING INC. OFFERS YOU ACCESS TO OUR SERVICES. Welcome to the user agreement (the "Agreement" or "User Agreement") for NeuroPath Learning (NPL). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains and all programs. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our services. If you have any questions, please refer to Contact Us on our website under neuropathlearning.com You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of an NPL program. We strongly recommend that, as you read this User Agreement, you also access the document that follows entitled Perspective and Purpose of the Neuropath Learning Program and read the information contained in those pages as they contain further terms and conditions that apply to you as a user of our products. User Eligibility Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or temporarily or indefinitely suspended NPL users. If a child is under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Fees and Services We do charge fees for using NPL programs on a license to use basis. You also have an opportunity to review and accept the fees that you will be charged. We may change our Fees and Credits Policy and the fees for our services from time to time. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. NPL is a Venue. Although Neuropath Learning is referred to as a stand alone education provider able to develop permanent knowledge and neuro pathways of thinking within children, It is important to realize that we are not a traditional school of education. Instead our programs act as a venue to allow parents, teachers, adults and children to become involved in a self learning process from anywhere on the Internet., in a variety of pricing formats, We have no control over how the user applies the content of our programs. Therefore we are unable to guarantee the individual results from the use of our programs. We are however responsible for the quality, and legality of the programs, the truth or accuracy of the content of our programs. Consequently, we do not transfer legal ownership of our programs or the content within all of our programs to the buyer, Because we are a venue, in the event that you have a dispute with one or more of our third party users who determine , project, diagnose, and suggest remedies based on the use of any of our programs you release NPL (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 3.5 Information Control. We do control the registration and student performance information provided by users that is made available to authorized sources through our data collection and distribution system. You may find the student performance information to be exciting, thrilling, enlightening and even disappointing. Please use caution, common sense, and practice when observing student performance data. We recommend that you consult a professional educator or specialist to evaluate the student performance data if you are concerned about inabilities, speed of performance, excellence. 3.6 Fraud. Without limiting any other remedies, NPL may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the EMM software. Your Information 6.1 Definition. "Your Information" is defined as any information you provide to us or is collected through the use of our programs. You are able to access information, and we act as a passive conduit for your online distribution and publication of your Information. 6.2 Restricted Activities. Your Information and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, (e) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) create liability for us or cause us to lose (in whole or in part) the services of our programs or clients; (g) link directly or indirectly sell or transfer programs to others that were not originally registered as the originally intended user without authorization from NPL. (h) you are prevented linking to or advertising an NPL item from another web site without permission from NPL; (i) Furthermore, you may not initiate using our service that, could cause us to violate any applicable law, statute, ordinance or regulation. 6.3 License. Solely to enable NPL to use the information you supply or student’s supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) you have in information, NPL will only use Your Information in accordance with our Privacy Policy. Access and Interference Much of the information on the EMM is updated on a real time basis You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of NPL and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the EMM Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available on request. No Warranty. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. Liability Limit IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR EMM, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Indemnity You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Legal Compliance You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services. No Agency. You and NPL are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, any notices shall be given by postal mail to NPL Attn: Legal Department 600 108th Ave. NE Suite 535, Bellevue Washington 98045 (in the case of NPL) or to the email address you provide to NPL during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NPL during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Resolution of Disputes In the event a dispute arises between you and NPL, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and NPL agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 17.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or NPL may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 17.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Bellevue, Washington or where the defendant is located (in our case Bellevue, Washington and in your case your home address or principal place of business). You and NPL agree to submit to the personal jurisdiction of the courts located within the county of King County, Washington. 17.3 Alternative Dispute Resolution. Alternatively, NPL will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in King County, Washington or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 17, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. General This Agreement shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by NPL in accordance with Section 16 "Notices", in our sole discretion; Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
*I Have Read and Accept the Terms and Conditions Stated Above: