 | | World Almanac Education Website Terms of Use
Introduction
Please take a few minutes to review these terms of use. By accessing and using the World Almanac Education website, you agree to be bound by each of the terms of use and all applicable laws and regulations governing this website. If you do not agree with any of the terms of use, you are not authorized to access or use this website for any purpose.
Modification of these Terms of Use
World Almanac Education reserves the right to modify these terms of use at any time without giving you prior notice. Your use of the World Almanac Education website following any such modification constitutes your agreement to follow and be bound by the terms of use as modified. For this reason, we encourage you to review these terms of use whenever you visit the World Almanac Education website.
Notices of Restrictions on Your Use
The service, the website and all data and information and/or content that you see, hear or otherwise experience on the website (the "Content") belongs to World Almanac Education, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Content provided by third parties is used on the website with the permission of such third parties.
You may use the website, the service and the content solely for your personal or internal business use. You may download, print and store selected portions of the content, provided that you (1) only use these copies of the content for your own personal or internal business use; (2) do not copy or post the content on any network computer or transmit, distribute, publish or broadcast the content in any media, including without limitation, a website; and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any copied or downloaded content is transferred to you as a result of any such copying or downloading. World Almanac Education reserves complete title and full intellectual property rights in any content you copy or download from this website.
You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any content obtained from the website or the service, except as expressly permitted by these terms of use. Moreover, you may not use any of the marks appearing throughout this website without express written consent from the trademark owner, except as permitted by applicable law.
Disclaimer of Warranties
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE SERVICE. World Almanac Education MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE SERVICE. World Almanac Education EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION).
World Almanac Education SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEBSITE, THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEBSITE OR THE SERVICE.
World Almanac Education DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. World Almanac Education DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEBSITE OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Limitation of Liability
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL World Almanac Education BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE, EVEN IF World Almanac Education HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, World Almanac Education's LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You understand and agree that you are personally responsible for your behavior on the website and for your use of the content. You agree to indemnify, defend and hold harmless World Almanac Education, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of the website or the service or your use of the content, any violation by you of this agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the website or service through your user account.
Personal Information and Privacy Policy
World Almanac Education may monitor, record, collect and use for any lawful purpose information generated through your use of the website or the service. The collected information is subject to our privacy statement. Your obligations under these terms of use are in no way conditioned on World Almanac Education complying with the terms of our privacy statement. Click here to see World Almanac Education's privacy statement.
No Unlawful or Prohibited Use
As a condition of your use of the World Almanac Education website, you warrant to World Almanac Education that you will not use the World Almanac Education website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the World Almanac Education website in any manner which could damage, disable, overburden, or impair the World Almanac Education website or interfere with any other party’s use and enjoyment of the World Almanac Education website. You may not obtain any materials or information through any means not intentionally made available or provided for through the World Almanac Education website.
General Provisions
Entire Agreement
These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by World Almanac Education of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Errors and Inaccuracies
The information in the website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. We reserve the right to refuse to fill any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
No Endorsements of Links
Hypertext links to third-party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by World Almanac Education of the third party, the third-party website, or the information contained therein. You acknowledge and agree that World Almanac Education is not responsible for the availability of any such websites and that World Almanac Education does not endorse or warrant, and is not responsible or liable for any such website or the content thereon. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.
Enforcement
World Almanac Education may investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the website and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, World Almanac Education may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these terms of use is determined to be invalid or unenforceable, it will not impact any other provision of these terms of use, all of which will remain in full force and effect. These terms of use are governed by, and will be interpreted in accordance with, the laws of the State of Ohio, without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Ohio, U.S.A., regarding any and all disputes relating to these terms of use, World Almanac Education’s privacy statement, your use of the website, any other World Almanac Education website, the service, or content or material contained therein.
Claims of Copyright Infringement
In the event that you claim to be the copyright owner of any Content, you agree to immediately notify World Almanac Education of any claimed copyright infringement. You further agree to provide World Almanac Education's copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:
a. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
b. identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
e. a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed.
g. World Almanac Education's Copyright Agent for notice of claims of copyright infringement on or relating to this Web site can be reached either by:
i. sending an e-mail request to customerservice@waebooks.com
ii. sending a letter via the U.S. Mail to:
Copyright Agent
World Almanac Education
23221 Morgan Court
Strongsville, OH 44149
Severability
If any provision of these terms of use is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.
General Contact Information
If you have any questions about these terms of use, the practices of this website, or your dealings with this website, you may contact us by:
a. sending an e-mail request to customerservice@waebooks.com
b. sending a letter via the U.S. Mail to:
Manager of Web Site Development
World Almanac Education, Inc.
23221 Morgan Court
Strongsville, OH 44149
d. calling customer service at 1-800-321-1147
e. faxing a letter to 1-800-321-1149
Last Revised: 3/10/2006
| |
| | |
