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APLUSSTUDENT.COM
TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use and browsing of this site is at your risk. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using this site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of APlusStudent.com following the posting of changes to these terms will mean you accept those changes.

INTELLECTUAL PROPERTY RIGHTS

Copyright 1999-2000 by APlusStudent.com, Inc. All rights reserved. This site and all of the information, tutorials, exercises, quizzes, tests, products, images, photographs, graphics, music, sounds, logos, shockwave/flash movies, fun activities, and other material (the content) available through this site and the software used on this site is the property of APlusStudent.com, its affiliates, licensors, and various third-party companies and is protected by US and international copyright and trademark law, and other proprietary rights. The creation and compilation of all content on this site is the exclusive property of APlusStudent.com and protected by US and international copyright laws. You should assume that everything you see or read on this site (such as products, trademarks, logos, service marks, images, photographs, illustrations, text, testimonials and other materials) ("APlusStudent.com's Intellectual Property") is copyright and/or trademark protected. You may copy, print, or download textual or graphic material from this site (provided that all relevant copyright and other proprietary information shall be kept intact) only for your personal or noncommercial use. You agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate, or commercially exploit APlusStudent.com's Intellectual Property in any manner, or alter, modify, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use APlusStudent.com's Intellectual Property other than as expressly permitted in these Terms and Conditions without the prior written consent of APlusStudent.com You may not use any textual or graphic material you copy, print, or download from this site on any other web site or networked computer environment without the express written consent of APlusStudent.com Notwithstanding the foregoing, such usage shall be permitted solely to the extent it constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. 107), as amended. Except as specifically granted to you in these Terms and Conditions, no license to you or any other party, under any trademark, patent, copyright, trade secret, service mark or other intellectual property right, is either granted or implied by virtue of these Terms and Conditions or the use of this site or any APlusStudent.com Intellectual Property. Violation of these Terms and Conditions will result in automatic termination of your permission to use APlusStudent.com's Intellectual Property and you must immediately destroy any copies you have made of APlusStudent.com's Intellectual Property.

USER OBLIGATIONS

A forum is a discussion area, fun activities area, make friends area, gallery, bulletin board, or e-mail function that may be offered as part of this site. You shall not upload to, distribute through, or otherwise publish through APlusStudent.com any content which is unlawful, libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

MEMBER REPRESENTATIONS

By joining the Service under this agreement, you represent to APlusStudent.com that the information provided to APlusStudent.com in order to register is complete, accurate and current. If any of the representations are or become untrue, or if you do not comply in full with these requirements, APlusStudent.com has the right to suspend and/or terminate your membership in the Service. If you are entering this agreement on behalf of a minor, you represent that you are the parent or guardian of such person, that you consent to this agreement on his or her behalf, and you agree to be responsible for all actions of such minor.

SUBMISSIONS

APlusStudent.com is pleased to hear from its members and welcomes your comments regarding our products and services. Unfortunately, however, our company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by APlusStudent.com's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as tutorials, stories or character ideas, multimedia presentations or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.

If at our request you send certain specific submissions (e.g., postings to gallery or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of APlusStudent.com. None of the Submissions shall be subject to any obligation of confidence on the part of APlusStudent.com, and APlusStudent.com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, APlusStudent.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

LINKS TO OTHER SITES

This site may contain links to other Internet sites which may not necessarily have been screened or reviewed by APlusStudent.com and which may contain, or may link to other sites that may contain, inaccurate, inappropriate or offensive material, content, products or services. You acknowledge that APlusStudent.com has no responsibility or liability as regards the availability, accuracy, reliability, legality or decency of such third-party sites, content, products or services. You should contact the site administrator or Webmaster for those Internet sites if you have any concerns regarding such links or the content located on such third party Internet sites.

DISCLAIMER

THIS SITE AND THE INFORMATION, MATERIALS OR PRODUCTS OR SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. APlusStudent.com may modify this site and the information, materials or products or services available on this site, including price and availability information at any time without notice.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APLUSSTUDENT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. APLUSSTUDENT.COM DOES NOT WARRANT THAT THE INFORMATION, MATERIALS OR PRODUCTS OR SERVICES AVAILABLE ON OR THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INFORMATION OR MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APLUSSTUDENT.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE INFORMATION, MATERIALS OR PRODUCTS OR SERVICES AVAILABLE ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE. YOU (AND NOT APLUSSTUDENT.COM) ASSUME THE ENTIRE COST OF ALL, NECESSARY SERVICING, REPAIR, OR CORRECTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL APLUSSTUDENT.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OR PERFORMANCE OF THIS SITE OR ANY INFORMATION, MATERIALS OR PRODUCTS OR SERVICES AVAILABLE ON THIS SITE, EVEN IF APLUSSTUDENT.COM OR AN APLUSSTUDENT.COM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL APLUSSTUDENT.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO APLUSSTUDENT.COM, IF ANY, FOR ACCESSING THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TERMINATION AND CANCELLATION

APlusStudent.com reserves the right to modify or terminate this site or these Terms and Conditions and any user's membership without notice at any time. Any modification, revision or update of these Terms and Conditions shall be effective upon being posted to this site, and you are bound by the provisions of any such modification or revision. You should periodically revisit this site to review the then current Terms and Conditions to which you are bound. Upon any termination, you must discontinue all access to and use of this site and the Information and destroy or return to APlusStudent.com all copies of Information and of all documentation related thereto. In the event of termination the restrictions imposed on you under these Terms and Conditions shall survive along with this survival clause, the "General" section and the disclaimers and limitations of liability set forth in these Terms and Conditions.

GENERAL

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any of its principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Gloucester County, New Jersey and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are used for convenience only and shall not be used in the interpretation of any of the provisions hereof. Neither the rights nor the obligations arising under these Terms and Conditions are assignable or transferable by you and any such attempted assignment or transfer shall be void and without effect. The failure of either party to enforce its rights under these Terms and Conditions at any time for any period shall not be construed as a waiver of such rights. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

 


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