Terms Of Use for Lessonpro.Net

Terms Of Use for Lessonpro.Net

Knowledge Headquarters Corporation ("Knowledge HQ") provides the LessonPro.net World Wide Web site "LessonPro.net" for your educational and informational purposes. Please feel free to browse.

Your access to and use of lessonpro.net, including creation of and/or access to your individual Lesson Bank, is subject to the following terms and conditions and all applicable laws. By accessing, browsing and using lessonpro.net, you accept, without limitation or qualification, these Terms of Use.

1. ACCESS TO lessonpro.net. Knowledge HQ grants you a limited non-transferable right to access lessonpro.net, including the limited non-transferable right to assist in the creation of lessons and to access your individual Lesson Bank, at no charge to you. However, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and accessing lessonpro.net and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing lessonpro.net, and Knowledge HQ shall not be responsible for any of these things.

2. THE LESSON BANK. As long as you comply with the terms of this Agreement, you may use lessonpro.net to create and/or access your Lesson(s). You must provide lessonpro.net with accurate, complete information during the registration process to create and/or access a Lesson. You are entirely responsible for maintaining the confidentiality of the personal identification number and password that you select during the registration process. You are responsible for all activities associated with your identification number and must immediately notify lessonpro.net of any unauthorized use of your identification number. You further understand that you have no proprietary rights to the identification number or password.

3. CONTENT.

3.1 CONTENT

You hereby assign all right, title and interest in all intellectual property rights, including but not limited to all copyrights, in any material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, or other data (collectively the "Content") that you upload to or otherwise make available in lessonpro.net, including any Lesson (the "User Content"), and such User Content will become and is the sole property of Knowledge HQ, Inc., including, but not limited to the right to use, reproduce, modify, create derivative works from, publish, distribute, perform, display, transmit, and to grant licenses to others to do any of these things in return for the valuable services Knowledge HQ provides. By uploading or otherwise making available any User Content, you automatically transfer ownership in all copyrights, trademarks, and other intellectual property to Knowledge HQ in consideration for the following valuable services provided by Knowledge HQ: Free access to lessonpro.net, free posting of lessons on lessonpro.net, free use of the lessonpro.net template for the creation of online lessons, free access by yourself and your students to lessonpro.net for the purpose of viewing and reviewing your online lessons, and free use of interactive areas on lessonpro.net.

You acknowledge that any Content that is on or otherwise made available on lessonpro.net is the sole property of Knowledge HQ. Knowledge HQ grants you the right to use the lessons you created for personal use in the classroom. Other than this right and the rights identified in paragraph 1. above, you agree and warrant that you will not copy, publish, reproduce, modify or distribute such Content without the express permission of the owner in violation of US or other laws, including such laws relating to copyright, trademarks, trade secrets, moral rights and/or any other statutory or regulatory provisions.

3.2 SOFTWARE. Any program accessible from lessonpro.net or any software available for download from lessonpro.net is owned by Knowledge HQ. or other third party provider, and all copyright rights therein are reserved. You agree that you will not download, copy or install such software unless you first agree to the terms and conditions of any license agreement that accompanies, is included with, or in any way applies to the software.

4. CONDUCT. You agree to access and use lessonpro.net only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of lessonpro.net, including any Lesson and Interactive Area.

By accessing lessonpro.net you agree that you will not: (i) post or use lessonpro.net to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, infringing, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content; (iii) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access lessonpro.net; (iv) disrupt the normal flow of communication in any Lesson or Interactive Area; (v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users; (vii) infringe any third party's rights, including, without limitation, intellectual property rights such as trademark, servicemark, copyright, and patent rights, as well as any publicity rights or privacy rights; (viii) be false, inaccurate or misleading; or (ix) otherwise create any liability on Knowledge HQ's behalf. Notwithstanding any other provision of this Agreement, You agree that you will indemnify Knowledge HQ for any knowing or unknowing breach of this paragraph 4..

5. TERMINATION. The only right that you have with respect to dissatisfaction with any policies, guidelines, or practices of Knowledge HQ in operating lessonpro.net or any Content, is for you to discontinue accessing lessonpro.net. Knowledge HQ, in its sole discretion, may terminate or temporarily suspend your access to all or any part of lessonpro.net, without notice, for conduct that Knowledge HQ believes is a violation of this Agreement or any policies or guidelines posted by Knowledge HQ, or for other conduct which Knowledge HQ, in its sole discretion, believes is harmful to other users. Knowledge HQ may discontinue operating lessonpro.net and terminate this Agreement without notice at any time for any reason in its sole discretion.

6. DISCLAIMER OF WARRANTY (THIS PARAGRAPH 6. APPLIES IN ALL STATES AND JURISDICTIONS IN WHICH SUCH TERMS ARE VALID AND ENFORCEABLE). KNOWLEDGE HQ IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN THE LESSON BANK OR INTERACTIVE AREAS AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE LESSON BANK OR INTERACTIVE AREAS FOR ANY PURPOSE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY OTHER USERS OF lessonpro.net.

YOU AGREE THAT YOUR USE OF lessonpro.net, INCLUDING ANY LESSON OR INTERACTIVE AREA, IS AT YOUR OWN RISK. NEITHER KNOWLEDGE HQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS WARRANT THAT lessonpro.net WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF lessonpro.net OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF lessonpro.net.

lessonpro.net IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT WILL KNOWLEDGE HQ OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF KNOWLEDGE HQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE lessonpro.net, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KNOWLEDGE HQ'S AND LESSONPRO'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES KNOWLEDGE HQ'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED IN SECTION 3.1

7. LINKS. Some links on lessonpro.net lead to sites posted by independent site owners. lessonpro.net does not review independent sites or control their content, and merely provides these links to visitors for their convenience. These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between lessonpro.net and the linked sites. Knowledge HQ is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection. Knowledge HQ shall not be responsible for the actions of the respective owners of these other sites.

For any interested party, Knowledge HQ grants the right to create links to lessonpro.net's homepage, but only its home page, if such link(s) uses Knowledge HQ's trademarks and/or logos in accordance with the below terms and conditions of the Trademark and Logo Policy:

TRADEMARK AND LOGO POLICY. Knowledge HQ's trademarks and logos are the property of Knowledge HQ. License for their use is granted for the sole purpose of promoting lessonpro.net and encouraging visits to our website. Licensees may not vary the spelling, add or delete hyphens, combine or separate words, abbreviate or alter in any way Knowledge HQ's marks. Licensees shall not reproduce, use, or authorize the reproduction or use of Knowledge HQ's marks in any manner other than expressly authorized by Knowledge HQ. Knowledge HQ's marks may not be combined with those of another company. Any use of the Knowledge HQ marks that implies a relationship with or endorsement by Knowledge HQ is strictly prohibited. Knowledge HQ has the right to control the use of its marks, and you agree to comply with any and all reasonable requests in relation to the use of Knowledge HQ's marks. The following statement must accompany the use of Knowledge HQ's trademarks and logos:

"__________ is either a registered trademark or trademark of Knowledge HQ."

8. PRIVACY POLICY. Because like you, we are Internet users concerned about privacy, we also are concerned about your right to privacy while accessing and using lessonpro.net. Please take the opportunity to review our following Privacy Policy:

At lessonpro.net, we recognize that our members are concerned about the privacy of the information that we collect from our members and our plans for using this information.

lessonpro.net collects personally identifiable information (name, e-mail address, etc.) and/or demographic data (city, zip code, school names, interests, etc.) that you submit when you: 1) register for our services, 2) complete a survey, or 3) send us an email. We may use this information to process and maintain your account, compile demographic statistics about our users, and display to you information and advertisements that match your interests and profile. We will never sell your personal information to any company for any reason.

IP Addresses and Cookies

lessonpro.net uses IP addresses (random numbers assigned to individual computers) to help administer our web site and anonymously track content preferences and traffic patterns.

We also use cookies (small text files transferred from our Web site to your hard drive) to recognize repeat users, track usage behavior, and facilitate your access to and use of our site. Cookies do not damage files or allow anyone to access your personally identifiable information –– they simply allow us to tailor information and advertisements to make your visits more enjoyable and meaningful.

Deletion of your information

If you decide that you no longer want to receive e-mail or information from lessonpro.net, you may contact us at: admin@knowledgehq.com.

Deletion of your information will usually take four to six weeks.

Security and Links

The security of the information you provide to lessonpro.net is important to us. We use encryption software and other security measures to protect the loss, misuse, and alteration of sensitive information under our control. However, lessonpro.net's site includes banner links to other sites from our sponsors, and when you choose to visit those sites, we are not responsible for their privacy policies or actions, and you should review the privacy policies of these parties when supplying personally identifiable information to them.

Additional Information

lessonpro.net reserves the right to alter our Privacy Policy as business needs require. Any changes will be posted to our web site in a timely manner. This statement and the policies outlined here are not intended to and do not give you any contractual or other legal rights.

9. SERVICE MARK NOTICE. Knowledge HQ, strategicstudies.com, eTutor, eTutor Unplugged, lessonpro.net, and LessonPro trademarks, service marks, trade dress and logos are owned by Knowledge HQ. All other trademarks, service marks, and logos used on lessonpro.net are the trademarks, service marks, and logos of their respective owners.

10. INDEMNITY. USER HEREBY AGREES TO, AT ITS OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD Knowledge HQ HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO (A) A THIRD-PARTY CLAIM, ACTION OR ALLEGATION OF INFRINGEMENT BASED ON INFORMATION, DATA, FILES OR OTHER CONTENT SUBMITTED BY USER, (B) ANY FRAUD, MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT BY A USER OR USERS, OR (C) ANY THIRD-PARTY CLAIM, ACTION OR ALLEGATION BROUGHT AGAINST Knowledge HQ OR RELATED COMPANY ARISING OUT OF OR RELATED TO THE USE OF lessonpro.net. Knowledge HQ WILL HAVE THE RIGHT TO PARTICIPATE IN ITS DEFENSE AND HIRE COUNSEL OF ITS CHOICE, AT USER'S EXPENSE. USER WILL NOT SETTLE ANY ACTION OR CLAIMS ON Knowledge HQ's BEHALF WITHOUT THE PRIOR WRITTEN CONSENT OF Knowledge HQ.

11. NO AGENCY OR PARTNERSHIP. No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind Knowledge HQ in any respect whatsoever. The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any obligation on behalf of the other.

12. GENERAL. By using lessonpro.net, you agree to the above stated terms of use. This Agreement is entered into in the State of Colorado and shall be construed in accordance with the laws of Colorado, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the County of Boulder in the State of Colorado, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, if Knowledge HQ prevails, it will be entitled to costs and attorney fees. In the event that any provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Knowledge HQ may modify the terms of this Agreement by posting notice of such modifications on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.

13. SURVIVAL OF TERMINATION. Paragraphs 3, 4, and 6-13 shall survive the termination or expiration of this Agreement

Copyright © 1999-2014 Knowledge HQ. All Rights Reserved. Terms of Use are strictly enforced.