PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE. Your use of this Service is expressly conditioned on your acceptance of the following terms and conditions. By using this Service, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this Service.
1. OWNERSHIP. This Service, together with the arrangement and compilation of the content delivered by this Service, is the copyrighted property of Footsteps2Brilliance®, Inc. (“F2B”) and/or its various third party licensors. Some of the content delivered by this Service is licensed to F2B for use as an element of this Service, and is the copyrighted work of a third party. In addition, the trademarks, logos and servicemarks displayed on this Service (collectively, the “Trademarks”) are registered and common law Trademarks of F2B, its affiliates, and its licensors. Nothing contained in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of F2B, or such other party that may have the right to control use of particular Trademarks.
2. USE OF SERVICE. F2B grants you a limited, non-transferable license to use this Service in accordance with the terms and conditions of these Terms of Use. You may only use this Service for educational purposes and shall not use this Service for any other purpose. The software utilized to provide this Service and the Content delivered by means of this Service may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of F2B, and/or its licensors, except that you may download, display and print the materials presented on this Service for your personal, educational use only. You shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any F2B webpage. You agree that you will not transmit or otherwise transfer any Web pages, data or content delivered by this Service to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service. Unauthorized use of this server and/or the materials contained on this server may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Service or, if you are the consenting parent or guardian of a child engaging in any such activity, for any such damages resulting from the actions or omissions of the child for whom you provided F2B consent to provide the Service. Notwithstanding the foregoing, if you have been notified by F2B that you are prohibited from using the Service, then you have no license to use the Service and any access by you or on your behalf shall be unauthorized and unlawful.
3. AGE AND RESPONSIBILITY. If you use this Service, you are responsible for maintaining the confidentiality of your user identification and your password. You agree to accept responsibility for all activities that occur under your account or password, including those undertaken by a child for whom you have provided consent to use the Service. You represent that you are of sufficient legal age to use this Service, to create binding legal obligations for yourself and any child for whom you provide consent to use the Service for any liability you or such child may incur as a result of use of this Service. You understand that you are financially responsible for all uses of this Service by you, those using your login information and any child for whom you have provided consent to use the Service.
4. PRIVACY. You will separately read the F2B Privacy Policy (which is set forth at Footsteps2Brilliance.org/privacy) and indicate your acceptance of its terms.
5. FEEDBACK. You agree that F2B shall have a royalty-free right to make any use of any suggestion, recommendation or other feedback that you or any child for whom you have provided consent to use the Service provide F2B.
6. DISCLAIMER; EXCLUSION OF WARRANTY. THE SERVICE DELIVERS CONTENT TO USERS’ COMPUTERS AND MOBILE DEVICES BY MEANS OF THE BROADBAND AND SMS MESSAGING FUNCTIONALITIES OF SUCH DEVICES. DEPENDING UPON YOUR ARRANGEMENT WITH YOUR PROVIDER OF BROADBAND CONNECTIVITY (LANDLINE OR WIRELESS) AND/OR SMS MESSAGING FUNCTIONALITY, USE OF THE SERVICE MAY RESULT IN YOUR INCURRING ADDITIONAL CHARGES FOR THE INCREMENTAL BANDWIDTH OR SMS MESSAGE FUNCTIONALITY INVOKED TO DELIVER THE SERVICE TO YOUR DEVICE(S). F2B ENCOURAGES YOU TO ASCERTAIN THE EXTENT, IF ANY, OF ANY SUCH INCREMENTAL CHARGES THAT YOUR USE OF THE SERVICE MAY CAUSE YOU TO INCUR PRIOR TO YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL F2B BEAR ANY RESPONSIBILITY FOR ANY SUCH COSTS.
F2B AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SERVICE AND/OR ANY OF ITS CONTENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. F2B AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA DELIVERED BY MEANS OF THIS SERVICE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER F2B NOR ANY OF ITS LICENSORS WARRANT THAT THIS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. F2B ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THIS SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICE. IN NO EVENT SHALL F2B OR ANY OF ITS LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SERIVCE OR CONTENT DELIVERED THEREBY, (II) ANY FAILURE OR DELAY IN THE OPERATION OF THE SERVICE, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY F2B OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, F2B or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Service or its content, the liability of F2B and its licensees shall in no event exceed, in the aggregate, US$100.00. In its sole discretion, in addition to any other rights or remedies available to F2B and without any liability whatsoever, F2B at any time and without notice may terminate or restrict your access to any component of this Service. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
8. INDEMNIFICATION. You shall defend and indemnify F2B and any of its licensees and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Service (including without limitation any violation by you of these Terms of Use).
9. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (as amended, the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Service should be sent to Footsteps2Brilliance®, Inc, 3125 Cathedral Avenue, NW, Washington, DC 20008, Attn: General Counsel, Phone: 202-338-1225, Fax: 202-338-1227 Email:[email protected]. Be aware that there can be penalties for false claims under the DMCA.
10. LINKS. The Service contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by F2B or its licensors of the contents of such Web sites. Neither F2B nor any of its licensors shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
11. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the District of Columbia, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the District of Columbia, in all questions and controversies arising out of your use of this Service and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Service must be brought within two (2) years from the date on which such claim or action arose or accrued.
12. ATTORNEY’S FEES. If F2B or its affiliates take any action to enforce these Terms of Use and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
13. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to F2B as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that F2B shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you or any child for whom you provided consent to use the Service as well as recover from you any and all costs and expenses sustained or incurred by F2B in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
14. TERMINATION. F2B may terminate these Terms of Use and/or the provision of the Service at any time for any reason, including any improper use of the Service or your failure, or the failure of any child for whom you provided consent to use the Service, to comply with these terms and conditions. Such termination shall not affect any right to relief to which F2B or any of its licensors may be entitled, at law or in equity. Upon termination of these Terms of Use and these terms and conditions, all rights granted to you will terminate and revert to F2B and its licensors, as applicable.
15. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
16. MODIFICATION. F2B may at any time modify these terms and conditions and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use.
17. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
18. HEADINGS. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
19. ENTIRE AGREEMENT. These Terms of Use, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.