Please note that these Terms are a binding legal agreement between you, the individual accessing the Sites and UCDS. By continuing to use the Sites, you agree that your use of the Sites constitutes your acceptance of and agreement to the Terms. If you do not agree to comply with the Terms, please do not access the Sites.
Without limiting the foregoing, when you use certain features of the Sites, such as features incorporating third-party social networking or purchasing services, your use of such features will also be subject to the guidelines, terms, agreements, and conditions applicable to such third-party services (the “Third Party Policies”). All such Third Party Policies are incorporated into these Terms by reference. The Third Party Policies may be changed or modified at any time. You are solely responsible for reviewing and becoming familiar with the Third Party Policies and any changes thereto.
Age and Responsibility
By accessing and using the Sites, including any services offered therein, you represent that you are at least eighteen (18) years old or older, if legally required, to enter into any agreements through the services offered on the Site.
Privacy and Your Personal Information
Privacy and Protection of Children and Teens
The Sites are not directed at children under thirteen (13) years of age. UCDS does not knowingly collect any Personal Information from children under thirteen (13) or knowingly allow children under thirteen (130 to register for any portions of the Site requiring registration, including, without limitation, commenting on any UCDS Sites. By providing Personal Information through the Sites, you represent that you are thirteen (13) years of age or older. If UCDS learns that it has collected Personal Information from a child under thirteen (13) UCDS will immediately remove the information from the Sites.
Consent to Electronic Communications
By accessing the Sites, you consent to receiving electronic communications from UCDS. Such communications may include notices about your account and information concerning or relating to the Sites. You agree that any electronic notices, agreements, disclosures, or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.
Cross Border Data Transmission
UCDS Intellectual Property
Copyright Notice, Generally. Except for any content you provide to UCDS via the Sites, ownership of which is discussed below, all content on the Sites (including, without limitation, text, graphics, logos, icons, images, downloadable files, blog posts, and video clips) (the “UCDS Content”) is the exclusive property of UCDS or its content suppliers or partners and is protected by USA and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of UCDS and is also protected by USA and international copyright laws. UCDS permits you to use the Sites for personal purposes only or to engage in legitimate commercial transactions. You may not use the Sites for commercial purposes—i.e., to generate income for yourself. Any other use, including, without limitation, the copying, sale, modification, distribution, transmission, republication, display, or performance, of the UCDS Content, or any other content on the Sites, is strictly prohibited. For copyright inquiries, including reprint rights, please contact us by mail, email, or phone at: University Child Development School, 5062 9th Ave. NE Seattle, WA 98105; email@example.com; 206.547.8237.
Restrictions on Use of the Sites
As mentioned above, you may only use the Sites for personal reasons or to engage in legitimate commercial transactions proposed on the Sites. You agree that you will only use the Sites for lawful purposes and will also not use the Sites for any purpose not specifically permitted under these Terms, including, without limitation, using bots or spiders to scrape any content, or using code intended to frame or impermissibly add content to the Sites.
There may be a few places on the Sites where UCDS invites your comments and submissions and hopes you choose to participate. Here are the terms about any content (including, without limitation, text, images, and graphics) (“User Content”) you provide to UCDS via certain functions on the Sites:
a. Responsibility. You are solely responsible for your User Content (including, without limitation, any liabilities) and, subject to these Terms, may be required to indemnify UCDS from any claims arising or relating to such User Content. Also, you are responsible for any User Content posted using your name, email address, or other account information UCDS may require, whether you authorized that use or not. Please be sure to keep any user names and passwords you use on the Sites secret. You acknowledge that any User Content you submit or post or that is submitted or posted by any third party is not endorsed by UCDS and does not reflect the opinion, recommendation, or advice of UCDS in any manner, and you agree that UCDS is not responsible for, and has no liability in connection with, any User Content. If you believe that any content on the Sites violates these Terms, any law or any right of a third party, please let UCDS know.
c. Right to Use. If you upload User Content to the Site, this will constitute your representation and warranty that you have the lawful right to distribute and reproduce your User Content and such content does not violate these Terms and will not cause damage or injury to any person or entity.
d. Prohibited Content. UCDS has determined that certain User Content is prohibited on the Sites (“Prohibited Content”). You agree that you will not submit any Prohibited Content, which is any User Content that:
i. is illegal or encourages or solicits illegal behavior, including, without limitation, any User Content that infringes any third-party intellectual property rights;
ii. is obscene, harassing, pornographic, inflammatory, profane, or bigoted;
iii. is threatening or defamatory ;
iv. contains any virus, Trojan Horse, or similar code designed to disrupt the Sites, UCDS systems, or other computers or applications; or
v. contains any Personal Information other than your own.
e. UCDS’s Rights. UCDS has the right, but not the obligation, to monitor and modify or remove any content or materials on the Sites. UCDS is not responsible for, and assumes no liability for, any User Content or any other content posted by you or any third party. Additionally, you are solely responsible for your interaction with other users of the Sites. UCDS reserves the right to monitor any disputes between you and other users. You agree that UCDS will have no liability for your interactions with other users, or for any act be any other user of the Sites.
Remedies for Violation of the Terms
If UCDS learns that you have violated these Terms, including posting Prohibited Content or making unauthorized use of it, UCDS may, in addition to any other rights or remedies available to it and without any liability whatsoever, terminate or restrict your access to the Sites. If UCDS does so, the license granted you above will be considered terminated.
Third-Party Content and Links
Fees and Payment
UCDS may now or in the future charge a fee for certain service offerings, either on a one-time or subscription basis, including but not limited to for technical support services provided by UCDS. When you purchase a service that has a fee, you have an opportunity to review and accept the fees that you will be charged. UCDS may change the fee(s) charged for services from time to time. Changes to the fee schedule are effective upon posting the changes through the Sites. When you purchase any service that has a fee, you authorize UCDS or its third party payment processors to charge the credit card identified by you for the full amount of the applicable fees and all applicable taxes, and you represent and warrant that you are authorized to use such credit card for the purpose of purchasing such service. You further authorize UCDS to store your credit card information. If UCDS does not receive payment from your credit card provider, you agree to pay all amounts due upon demand, and acknowledge that UCDS may suspend your access to the services or products offered in the event such amounts are not timely paid. All sales are final, and UCDS will not issue any refunds, including refunds for prepaid monthly fees. Unless otherwise stated, all fees are quoted in U.S. Dollars.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, if you believe any content on the Sites infringes your copyright interest, please provide UCDS with the following information in writing:
- A description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
- A description of where the allegedly infringing content is located on the Sites, as applicable.
- Your address, telephone number, and email address.
- Your statement that you have a good-faith belief that the use of the identified content is not authorized by the copyright owner, its agent, or by law.
- Your statement, made under penalty of perjury, that all information provided by you in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by UCDS or the alleged infringer as the result of UCDS’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In appropriate circumstances and at the sole discretion of UCDS, access to the Sites for users who UCDS have deemed, in its sole discretion, to be repeat infringers, may be terminated. UCDS may also, at its sole discretion, limit and/or terminate access to the Sites for any visitors who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, UCDS reserves the right to limit access to the Sites for any users for reasons of UCDS’s own discretion, that UCDS is not obligated to reveal, at any time.
For notices of claims of infringement, UCDS can be reached by mail, email, or phone at: University Child Development School, 5062 9th Ave. NE Seattle, WA 98105; firstname.lastname@example.org; 206.547.8237.
You agree to defend, indemnify, and hold UCDS, any underlying carrier or network provider and any of the affiliates, officers, directors, employees, and assigns of UCDS harmless from and against any and all claims, demands, actions, liabilities, costs, or damages, including, without limitation, UCDS’s attorneys’ fees, arising out of your use of the Sites, including, without limitation, User Content, or your violation of these Terms. UCDS will have the sole right to control the defense of any indemnified claim.
Warranty Disclaimers and Waiver
Disclaimer of Warranties, Generally. THE SITES, AND ALL UCDS CONTENT, THIRD-PARTY CONTENT, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. UCDS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. UCDS ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE AND INFORMATION THEREON. UCDS FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITES. FINALLY, UCDS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR IN CONNECTION WITH THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES.
PRODUCTS, PRICE, AND AVAILABILITY INFORMATION ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. THE PRICES LISTED ON THESE SITES ARE NOT OFFERS TO FORM A CONTRACT BUT MERELY AN ADVERTISEMENT FOR OFFERS. EXCEPT AS SPECIFICALLY STATED ON THESE SITES, UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE SHALL UCDS NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, RELATED COMPANIES, SUBSIDIARIES, MERCHANTS, CONTENT PROVIDERS OR ANY OTHER PARTY INVOLVED IN THE CREATION OR MAINTENANCE OF THIS SITE BE LIABLE FOR THE FOLLOWING ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE: INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
UCDS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES.
Assumption of Risk. You agree that your access to and use of the Sites and all User Content or other information you provide or submit shall be at your sole risk.
Waiver of Claims. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST UCDS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITES AND ANY CONTENT ON THE SITES (INCLUDING, WITHOUT LIMITATION, USER CONTENT), AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).
Limitation of Liability
Limitation of Liability. UCDS will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data, or costs of replacement goods) arising out of or relating to your use or inability to use the Sites or resulting from use of or reliance on the information present, even if UCDS may have been advised of the possibility of such damages. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, UCDS’s aggregate liability shall not exceed USD$10.00.
Remedy. If you are dissatisfied with the Sites, you do not agree with any part of these Terms, or you have any other dispute or claim with or against UCDS with respect to these Terms or the Sites, then your sole and exclusive remedy is to discontinue using the Sites.
Limitation of Liability Not Permitted. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Governing Law, Jurisdiction, and Venue
These Terms are governed by the laws of Washington, United States, without giving effect to its conflicts of laws principles. You consent to accept these Terms under the applicable laws of Washington, and agree that any disputes arising under these Terms will be subject to the courts of competent jurisdiction therein. Venue for any such disputes will be in the courts of King County, Washington, and you agree that venue is convenient. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
UCDS reserves the right to make changes to the Sites, these Terms, and any other disclaimers, terms, or conditions on the Sites at any time and without notice to you. Any such changes will be incorporated into these Terms and considered binding. Your use of the Sites will be subject to the most current version of these Terms at the time of your use.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and UCDS as a result of these Terms or use of the Sites. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and UCDS with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and UCDS with respect to the Sites. A printed version of these Terms 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. No waiver by UCDS of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of UCDS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms or any other of the Sites’ legal guidelines, UCDS can be reached by mail, email, or phone at: University Child Development School, 5062 9th Ave. NE Seattle, WA 98105; email@example.com; 206.557.1232.
Last Updated: January 30, 2015