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I'VE LEARNED.COM TERMS AND
CONDITIONS
We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Change the Site, including eliminating or discontinuing any content
on or feature of the Site.
Any changes we make will be effective immediately upon notice, which
we may provide by means including, without limitation, posting on the
Site or email. Your use of the Site after such notice will be deemed
acceptance of the changes. Be sure to review this Agreement periodically
to ensure familiarity with the most current version. Upon our request,
you agree to sign a non-electronic version of this Agreement.
ONLINE CONDUCT. As a Member, you agree that:
You are solely responsible for the content or information you publish
or display (hereinafter, "post") on the Service, or transmit.
You will not post on the Service, or transmit to other Members or employees,
any defamatory, inaccurate, abusive, obscene, profane, offensive sexually
oriented, threatening, harassing, racially offensive, or illegal material,
or any material that infringes or violates another party's rights (including,
but not limited to, intellectual property rights, and rights of privacy
and publicity). Please notify us by sending an email to abuse@pointlesssurvey.com
of any material contained in the Service that you believe infringes
these rules.
You will use the Service in a manner consistent with any and all applicable
laws and regulations. You will not include in your posting(s) any telephone
numbers, street addresses, last names, URLs, e-mail addresses, offensive
anatomical or sexual references, or offensive sexually suggestive or
connotative language, or any confidential information of any third person.
I've Learned.com reserves the right, but has no obligation, to reject
any posting that does not comply with these prohibitions.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not express or imply that any statements you make are endorsed
by us, without our specific prior written consent.
You will not harvest or collect personal information about other Members
whether or not for commercial purposes, without their express consent.
You will not use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational structure
or presentation of the Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights
notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or the
servers or networks connected to the Services or the Site.
You will not post, e-mail or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment. Please notify us by sending
an e-mail to abuse@pointlesssurvey.com of any material contained in
the Service that you believe infringes these rules.
You will not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the
Site, without our prior written authorization. You also shall not use
meta tags or code or other devices containing any reference to I've Learned.com or the Service or the Site in order to direct any person to any
other web site for any purpose.
You will not modify, adapt, sub-license, translate, sell, reverse engineer,
decipher, de-compile or otherwise disassemble any portion of the Site
or any software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members.
INDEMNITY BY MEMBER. You agree to indemnify, defend and hold us, our
officers, directors, employees, agents and representatives harmless
from and against any and all claims, damages, losses, liabilities, costs
(including reasonable attorneys' fees) or other expenses that arise
directly or indirectly out of or from (i) your breach of this Agreement;
(ii) any allegation that any materials that you submit to us or transmit
to the Site infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights of any third
party; and/or (iii) your activities in connection with the Site. This
indemnity shall be applicable without regard to the negligence of any
party, including any indemnified person.
ONLINE CONTENT. Opinions, advice, statements, offers or other information
or content made available through the Service are those of their respective
Member-author and not of I've Learned.com, and should not necessarily
be relied upon. Such Members are solely responsible for such content.
I've Learned.com does not guarantee the accuracy, completeness or usefulness
of any information on the Service and neither adopts nor endorses nor
is responsible for the accuracy or reliability of any opinion, advice
or statement made. Under no circumstances will I've Learned.com be responsible
for any loss or damage resulting from anyone's reliance on information
or other content posted on the Service or transmitted to Members.
The Site may contain links to other Internet web sites or resources.
We neither control nor endorse such other web sites, nor have we reviewed
any content that appears on such other web sites. You acknowledge and
agree that we shall not be held responsible for the legality, accuracy
or inappropriate nature of any content, advertising, products, services
or information located on or through any other web sites or for the
operation or policies of any such web sites, nor for any loss or damages
caused or alleged to have been caused by the use of or reliance on any
such web sites or such content or other information.
Any views and/or opinions expressed
in I've Learned.com do not reflect the views and/ or opinions of Bevcent
Innovations, Inc. (pointlesssurvey.com).
WARNING - PLEASE READ: It is possible that other Members or users (including
unauthorized users, or "hackers") may post or transmit offensive
or obscene materials on the Service and that you may be involuntarily
exposed to such offensive and obscene materials. It also is possible
for others to obtain personal information about you due to your use
of the Service, and that the recipient may use such information to harass
or injure you. I've Learned.com is not responsible for the use of any
personal information that you may choose to disclose on the Service.
Please carefully select the type of information that you post on the
Service or release to others.
I've Learned.com reserves the right, but has no obligation, to monitor
the materials posted in any area of the Service. I've Learned.com shall
have the right but not the obligation to remove any such material that
violates, or is alleged to violate, any applicable law or this Agreement.
Notwithstanding this right of I've Learned.com, you remain solely responsible
for the content of the materials you post in any area of the Service.
We do not exclude any liability for death or personal injury due to
our negligence.
PROPRIETARY RIGHTS. I've Learned.com owns and retains other proprietary
rights in the Services and the Site. The Services and the Site contain
the copyrighted material, trademarks and other proprietary information
and software of I've Learned.com and its licensers. In addition, other
Members may post copyrighted information, which has copyright protection
whether or not it is identified as copyrighted. Except for that information
which is in the public domain or for which you have been given permission,
you will not copy, modify, publish, transmit, distribute, perform, display
or sell any such proprietary information. By posting information or
content to any area of I've Learned.com, you automatically grant, and
you represent and warrant that you have the right to grant, to I've Learned.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide
license to use, copy, perform, display and distribute such information
and content and to prepare derivative works of, or incorporate into
other works, such information and content, and to grant and authorize
sub-licenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER. We will respect your personal information
and undertake to comply with all applicable data protection legislation
in the US and other jurisdictions in which we offer the Service, subject
to the Privacy Policy of I've Learned.com.
The personal information (including sensitive personal information)
you provide to us will be stored on computer. You consent to us using
this information to build up a profile of interests, preferences and
browsing patterns and to allow you to participate in the I've Learned.com
Service. All Members also agree to uphold and maintain our Privacy Policy
and to the terms and conditions thereof.
DISCLAIMER OF WARRANTY. I've Learned.com PROVIDES THIS SERVICE AND THE
SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH I've Learned.com
OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR
THE SITE. I've Learned.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
I've Learned.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE
SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE,
OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR
THE SITE WILL BE CORRECTED. I've Learned.com DISCLAIMS LIABILITY FOR,
AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE,
INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER
SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL I've Learned.com BE LIABLE
(i) TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST
OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE, EVEN
IF I've Learned.com OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER
THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT
TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS I've Learned.com'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO I've Learned.comFOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
In addition, I've Learned.com disclaims all liability, regardless of
the form of action, for the acts or omissions of other Members or users
(including unauthorized users, or "hackers") of the Service.
Certain jurisdictions limit the applicability of warranty disclaimers
and limitations of liability so the above disclaimers of warranty and
limitations of liability may not apply to you. This disclaimer shall
be deemed modified to comply with any such law.
We do not exclude any liability for death or personal injury due to
our negligence.
COPYRIGHT POLICY. We respect the intellectual property of others, and
we ask our Members to do the same. If you believe that a copy of your
work is available on the Service without your consent or that a copyright
infringement has otherwise occurred, please supply us with the following
information:
· A description of the copyrighted work that you claim has been infringed;
· Details of where the infringing material is located on the Site;
· Your address, telephone number and e-mail address;
· A statement by you that you believe in good faith that the use of
the work on the Site is not authorized by the copyright owner or any
person entitled to act on their behalf or by law; and
· An affidavit executed by you that the information you provide concerning
the copyright infringed is accurate and that you are the copyright owner
authorized to act on their behalf.
COMPLAINTS. To resolve a complaint regarding the Service or the Site,
you should contact I've Learned.com Customer Support at info@pointlesssurvey.com.
GENERAL PROVISIONS. This Agreement with you, set out in these Member
Terms and Conditions, is governed by Illinois and the United States
laws where applicable. You agree that venue for disputes here under
shall lie exclusively in either DuPage County, Illinois or the Federal
District Court for the Northern District of Illinois, as the case may
be.
This Agreement, which is accepted by you upon registering for the Service,
contains the entire agreement between you and I've Learned.com regarding
the Service and the Site, including the I've Learned.com Privacy Policy.
In the event of any conflict between the Privacy Policy and this Agreement,
this Agreement shall control. Unless otherwise explicitly stated, the
Terms will survive termination of your membership to the Service. This
agreement shall terminate immediately and without notice if you breach
any of the Terms, subject to the survival of all rights and reservations
of I've Learned.com. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
The User certifies that the User has read and agrees to be bound by
these I've Learned.com Terms and Conditions.
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