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Please read these terms of service ("Agreement") carefully before using the Network or any services provided on the Network (collectively, "Services"). This document describes expectations and requirements placed on You ("Subscriber" or "You") while using this site as well as those placed or not placed upon the developers and maintainers of the Practice-It site ("We", "Us", etc.). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You under the following terms and conditions:
Subject to the terms and conditions of this Agreement, We may offer to provide the Services, as described more fully on the Network, and which are selected by Subscriber, solely for Subscriber's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services We perform for Subscriber, as well as the offering of any Content (as defined below) on the Network. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. We may also impose limits on certain features and services or restrict Subscriber's access to parts or all of the Services without notice or liability. We reserve the right, at our discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Network and by providing notice via e-mail, where possible, or on the Network. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
Subscriber certifies to us that Subscriber is an individual (i.e., not a corporate entity) at least 13 years of age. No one under the age of 13 may provide any personal information to or on our site (including, for example, a name, address, telephone number or email address). Subscriber also certifies that they are legally permitted to use the Services and access the Network, and takes full responsibility for the selection and use of the Services and access of the Network. This Agreement is void where prohibited by law, and the right to access the Network is revoked in such jurisdictions. We make no claim that the Network may be lawfully viewed or that Content may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Network from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
We will use reasonable efforts to ensure that the Network and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Network and/or Services will be interrupted for maintenance, upgrades, repairs, bugs / technical issues, due to failure of telecommunications links and equipment, etc. The site may become unavailable, and/or site performance and response time may become slower during high-traffic times. Reasonable steps will be taken by us to minimize such disruption where it is within our reasonable control.
You agree that neither We nor the Network will be liable in any event to You or any other party for any suspension, modification, discontinuance or lack of availability of the Network, the service, any User Content, or other Content. We retain the right to create limits on use and storage in its sole discretion at any time with or without notice. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Network or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Network and its contents are intended solely for the use of the Network Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Network, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, "Content") (other than Content posted by Subscriber ("User Content")) are the property of us and/or third parties and are protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to us and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Subscriber may download or copy the Content, and other items displayed on the Network for download, for personal use, provided that Subscriber maintains all copyright and other notices contained in such Content. Any other downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from us, or from the copyright holder identified in such Content's copyright notice. In the event You download software from the Network, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the "Software") is licensed to You by us or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. We or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
You agree that all User Content that You contribute to the Network is perpetually and irrevocably licensed to us under the Creative Commons Attribution Share Alike license. You grant us the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such User Content and to allow others to do so in any medium now known or hereinafter developed ("Content License") in order to provide the Services, even if such User Content has been contributed and subsequently removed by You. Subscriber warrants, represents and agrees Subscriber has the right to grant us and the Network the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner's permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such User Content violates any of sections (a) to (e) of this sentence. We reserve the right to remove any User Content from the Network, re-post to the Network any User Content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber's right to use the Services at any time, or pursue any other remedy or relief available to us and/or the Network under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if We are concerned that Subscriber may have breached the immediately preceding sentence), or for any reason at all.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Network. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber's right to Services or to access the Network. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Network or Service user.
Use of the Network or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Network or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Network or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.
We have no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that We have no control over, and no duty to take any action regarding: which users gain access to the Network; which Content the Subscriber accesses via the Network; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Network is provided by and is the responsibility of the user or subscriber who posted the Content. We do not monitor all Content of the Network and take no responsibility for such Content. Subscriber releases us from all liability for Subscriber having acquired or not acquired Content through the Network. The Network may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Network, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Network.
Although We and the Network will make reasonable efforts to store and preserve the material residing on the Network, neither We nor the Network are responsible or liable in any way for the failure to store, preserve or access User Content or other materials you transmit or archive on the Network. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Network.
The Services, Content, Network and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We make no representations or warranties of any kind with respect to the Network, the Services, including any representation or warranty that the use of the Network or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, We disclaim any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Network. By using this Network, you acknowledge that We are not responsible or liable for any harm resulting from (1) use of the Network; (2) downloading information contained on the Network including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any User Content from the Network, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.
Users of the Network may gain access from the Network to third party sites on the Internet through hypertext or other computer links on the Network. Third party sites are not within the supervision or control of Us or the Network. Unless explicitly otherwise provided, neither We nor the Network make any representation or warranty whatsoever about any third party site that is linked to the Network, or endorse the products or services offered on such site. We and the Network disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Network or Us with respect to such sites and third party content.
As a condition to using Services, Subscriber may be required to register with Us and select a password and profile name. Subscriber shall provide Us with accurate, complete, and updated registration information, including Subscriber's e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a profile name a name of another person with the intent to impersonate that person; or (b) use as a profile name a name subject to any rights of a person other than Subscriber without appropriate authorization. We reserve the right to refuse registration of, or cancel a profile name in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's password. Subscriber is solely responsible for any use of or action taken under Subscriber's password and accepts full responsibility for all activity conducted through Subscriber's account and agrees to and hereby releases the Network and Us from any and all liability concerning such activity. Subscriber agrees to notify Us immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber's account or password. The Network will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold we, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber's access to the Network, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
In no event shall we, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Network or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, User Content or other intangibles; (c) damages for unauthorized use, non-performance of the Network, errors or omissions; or (d) damages related to downloading or posting Content. We's and the Network's collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
Either party may terminate the Services at any time by notifying the other party by any means. We may also terminate or suspend any and all Services and access to the Network immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber's right to use the Services, access the Network, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Network and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to us or the Network, including without limitation any indemnification obligations contained herein.
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