1. ACCEPTANCE OF TERMS
Welcome to Ebook Explorer. Ebook Explorer provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us from
time to time without notice to you. In addition, when using particular
Ebook Explorer services, you and Ebook Explorer
shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into
the TOS.
2. DESCRIPTION OF SERVICE
Ebook Explorer currently provides profiles
of how-to ebooks through the interactivity of the Internet.
You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you
agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Public
School Review has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Public School
Review has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any
portion thereof).
4. PUBLIC SCHOOL REVIEW PRIVACY POLICY
Registration Data and certain other information
about you is subject to our Privacy Policy. For more information,
please follow the link to our privacy policy on our home page.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation
upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
Ebook Explorer of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. Public
School Review cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text,
messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of
the person from which such Content originated. This means that
you, and not Ebook Explorer, are entirely responsible
for all Content that you upload, email, transmit or otherwise
make available via the Service. Under no circumstances will Public
School Review be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
· Impersonate any person
or entity, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
· Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
· Interfere with or disrupt
the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
· Intentionally or unintentionally
violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation,
the Florida Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
· Collect or store personal
data about other users.
You acknowledge that Public School
Review does not pre-screen Content, but that Ebook Explorer
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing, Public
School Review and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Public
School Review or submitted to Ebook Explorer, including
without limitation information in Ebook Explorer Message
Boards, Ebook Explorer Clubs, and in all other parts of
the Service.
You acknowledge and agree that Public School
Review may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Ebook Explorer, its users
and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Ebook Explorer does not claim ownership
of Content you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you
grant Ebook Explorer the following world-wide, royalty
free and non-exclusive license(s), as applicable:
· With respect to Content you submit or
make available for inclusion on publicly accessible areas of Public
School Review, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display. This license exists
only for as long as Ebook Explorer removes such Content
from the Service.
9. INDEMNITY
You agree to indemnify and hold Public School
Review, and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit or
make available through the Service, your use of the Service, your
connection to the Service, your violation of the TOS, or your
violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of
the Service, use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
Ebook Explorer reserves the right at any
time and from time to time to modify or discontinue, temporarily
or permanently, its Services (or any part thereof) with or without
notice. You agree that Ebook Explorer shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the Service.
12. TERMINATION
You agree that Ebook Explorer, in its
sole discretion, may terminate your password, account (or any
part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without
limitation, for lack of use or if Ebook Explorer believes
that you have violated or acted inconsistently with the letter
or spirit of the TOS. Ebook Explorer may also in its sole
discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge
and agree that Ebook Explorer may immediately deactivate
or delete your account and all related information and files in
your account and/or bar any further access to such files or the
Service. Further, you agree that Ebook Explorer shall
not be liable to you or any third-party for any termination of
your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Ebook Explorer shall not be
responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
Ebook Explorer has no control over such sites and resources,
you acknowledge and agree that Ebook Explorer is not responsible
for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
Ebook Explorer shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site
or resource.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. PUBLIC SCHOOL REVIEW EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. PUBLIC SCHOOL REVIEW MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT INCLUDED IN OUR
SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM PUBLIC SCHOOL REVIEW OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOARDING
SCHOOL REVIEW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF PUBLIC SCHOOL REVIEW HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (Iv) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or
regular mail. The Service may also provide notices of changes
to the TOS or other matters by displaying notices or links to
notices to you generally on the Service.
19. TRADEMARK INFORMATION
Ebook Explorer, the Ebook Explorer
logo, and other Ebook Explorer service names are trademarks
of Ebook Explorer Inc. (the "Ebook Explorer
Marks"). Without Ebook Explorer's prior permission,
you agree not to display or use in any manner, the Public School
Review Marks.
20. COPYRIGHTS and COPYRIGHT AGENTS
Ebook Explorer respects the intellectual
property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Ebook Explorer's
Copyright Agent the following information:
1. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
6. a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
Ebook Explorer's Agent for Notice of claims of copyright
or other intellectual property infringement can be reached as
follows:
information@ebookexplorer.com
21. GENERAL INFORMATION
The TOS constitute the entire agreement between
you and Ebook Explorer and govern your use of the Service,
superceding any prior agreements between you and Public School
Review. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between
you and Ebook Explorer shall be governed by the laws of
the State of Florida without regard to its conflict of law provisions.
You and Ebook Explorer agree to submit to the personal
and exclusive jurisdiction of the courts located within the county
of Orange, Florida. The failure of Ebook Explorer to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
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