The following User Agreement applies to the The Atkins Learning Center Web Site and to the courses, instructors, software, services, products, resources, information, content, and materials on the The Atkins Learning Center Web Site ("Site Content"). The The Atkins Learning Center Web Site is provided by eSchool.com, Inc. (d/b/a Powered) on behalf of atkins Networks, Inc. By using the The Atkins Learning Center Web Site or Site Contents you accept and agree to comply with the following User Agreement. Your use of certain resources made available on the The Atkins Learning Center Web Site or the conduct of certain transactions may be subject to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. atkins reserves the right to modify, alter, update, or remove portions of this User Agreement at any time, so please check this User Agreement (and The Atkins Learning Center's Privacy Policy) from time to time. Your continued use of the The Atkins Learning Center Web Site signifies your acceptance of any changed items. If you do not agree with atkins's User Agreement, your sole remedy is to discontinue your use of the The Atkins Learning Center Web Site. The failure of the supplier of the informational site (the "Supplier") to enforce this User Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
While using the The Atkins Learning Center Site or Site Contents, you are a part of a community of users, and you agree that your use will respect the rights of other members of the community. In particular you agree not to: (1) restrict or inhibit any other user from using the The Atkins Learning Center Web Site or Site Content or from purchasing any products or services sold by atkins or through their affiliate relationships; (2) take any action intended to threaten, intimidate, or harass any other user of the The Atkins Learning Center Web Site, or which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, otherwise objectionable, or harmful; (3) use the The Atkins Learning Center Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; or (4) submit, publish, distribute, or transmit through the The Atkins Learning Center Web Site or its e-mail links materials that do not meet the requirements of this User Agreement; or (5) impersonate any person or entity or forge anyone else's digital or manual signature or attempt to gain unauthorized access to atkins's or any other person's computers, software or data.
atkins reserves the right to prohibit use of the The Atkins Learning Center Web Site or the purchase of products and services from atkins by any user who, in atkins's sole judgment, violates this User Agreement. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify atkins, and atkins will work in good faith to resolve any such issues. However, atkins has no obligation to monitor the The Atkins Learning Center Web Site or Site Content and is not responsible for the accuracy or reliability of any Site Content or opinion, advice, or statement made on the The Atkins Learning Center Web Site, or for any defamatory, offensive, or illegal conduct by any user of the The Atkins Learning Center Web Site.
atkins reserves the right to investigate suspected violations of this User Agreement, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on atkins's servers and network. You hereby authorize atkins and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this User Agreement. Such cooperation may include atkins providing the username, IP address or other identifying information.
While participating in the user community, you may submit to atkins resources, links, applets, information, content, software code, graphics, artwork, templates or other materials ("Submissions") in accordance with the guidelines set forth at the areas of the The Atkins Learning Center Web Site where Submissions are accepted. You hereby grant to atkins a non-exclusive, perpetual, worldwide, royalty-free license to link to, reproduce, distribute, adapt, modify, perform, display, and create derivative works from your Submissions, and to sublicense any of the foregoing rights. If your Submissions include software source code, the foregoing license includes the right to analyze, report on, summarize, and display the source code. atkins reserves the right at any time and without notice to refuse to post or to remove any Submission, in its sole discretion.
You agree that your Submissions will meet all of the following requirements for appropriate content, and make the following representations and warranties to atkins:
You have all rights and have obtained all approvals, consents, release clearances, licenses, and authorizations needed for the grant of rights and licenses to atkins hereunder, and any publication or use of your Submissions does not violate or conflict with any other agreement you have made.
Your Submissions do not infringe or otherwise violate any patents, copyrights, trademarks, trade secrets, or any other proprietary rights of any third party.
Your Submissions do not contain any virus, worm, Trojan horse, or other routine intentionally designed to damage or allow unauthorized access to the The Atkins Learning Center Web Site or any content or online courses on the The Atkins Learning Center Web Site, or any other hardware, software, or data.
Your Submissions will: (i) contain four digit year codes, (ii) properly process dates and date values before, through and beyond January 1, 2000, including date calculations with dates both before and after January 1, 2000, and (iii) not suffer any impact on performance as a result of dates beyond January 1, 2000.
Your Submissions do not include material that may be used in any attempt to circumvent the user authentication or security of any host, network, or profile, including the documentation and tutorials on tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools.
Your Submissions: (i) do not constitute or encourage a criminal or civil offense or unethical activity and do not otherwise give rise to liability; (ii) comply with all applicable laws, rules and regulations; (iii) do not contain any false, misleading, libelous or defamatory statements; (iv) do not constitute an invasion of the rights of privacy or publicity of any third party; and (v) are not libelous, obscene, pornographic, threatening, sexually or racially or ethnically discriminatory, or otherwise objectionable or harmful.
All software and documentation available for download from the The Atkins Learning Center Web Site is the copyrighted work of atkins or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software subject to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other Site Content downloaded or otherwise obtained through the use of the The Atkins Learning Center Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other Site Content.
Products and services sold on the The Atkins Learning Center Web Site are provided by atkins or third parties with only the representations and warranties that atkins or those third parties generally provide to their customers with respect to such products and services. atkins makes no other representations or warranties whatsoever with respect to the products or services sold on the The Atkins Learning Center Web Site. Except for these limited warranties, the The Atkins Learning Center Web Site and Site Content are provided on an "as is" and "as available" basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, atkins AND ITS CONTRACTORS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE The Atkins Learning Center WEB SITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
atkins does not make any representations or warranties that: (1) the The Atkins Learning Center Web Site or Site Content or any products or services purchased from the The Atkins Learning Center Web Site will meet your requirements or expectations; (2) the operation of the The Atkins Learning Center Web Site or the Site Content will be uninterrupted, timely, secure, or error-free or that any errors will be corrected; or (3) any particular results will be obtained from the use of the The Atkins Learning Center Web Site or from any products or services purchased there from.
The The Atkins Learning Center is not an accredited program or institution. Information on this The Atkins Learning Center Web Site is provided for informational purposes only. In no way should the The Atkins Learning Center Web Site or Site Content be considered as conforming to any standards or qualifications prescribed by any private or governmental entity.
Information on this Web site is provided for educational purposes only. atkins, its licensors and suppliers assume no responsibility for how this material is used.
Neither atkins, the instructors, nor the supplier, nor any other party who has been involved in the preparation or publication of this The Atkins Learning Center Web Site warrants that the information contained on the Web Site is in every respect accurate or complete. They are also not responsible for any errors or omissions or for the results obtained from the use of such information.
Neither atkins, the instructors, nor the supplier, nor any other party who has been involved in the preparation or publication of this Web Site endorses any recommendation or opinion made by any user.
YOU AGREE THAT NEITHER atkins NOR ITS LICENSORS, CONTRACTORS AND/OR SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER CLAIM 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE The Atkins Learning Center WEB SITE, SITE CONTENT, OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH CLIENT NAME; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; OR (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE The Atkins Learning Center WEB SITE.
Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.
The The Atkins Learning Center Web Site includes links to various third party web sites. atkins is providing these links solely as a convenience. Such linked third party sites are not under the control of atkins. atkins has not reviewed all of the sites linked from the The Atkins Learning Center Web Site and is not responsible or liable for the content available at any such linked site. The appearance of a third party link on this site does not imply atkins's endorsement of the linked site, its sponsor, or any products or services offered on the linked site. Use of any linked site is at your own risk
You agree to indemnify, defend, and hold harmless atkins, its parent, affiliates, and subsidiaries and their respective officers, employees, directors, agents, suppliers, contractors, and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from: (1) your breach of this User Agreement or of any representation or warranty made by you in this User Agreement; (2) your Submissions; and/or (3) your use of, or activities in connection with, the The Atkins Learning Center Web Site or Site Contents.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the The Atkins Learning Center Web Site and your purchase of the products and services on the The Atkins Learning Center Web Site.
You hereby give assurance to atkins that you will not, unless you have obtained prior written authorization from the U.S. Department of Commerce or are otherwise permitted by the U.S. Department of Commerce Export Administration Regulations, export or otherwise disclose, directly or indirectly, any technology obtained from the The Atkins Learning Center Web Site, nor allow the direct product thereof to be shipped, either directly or indirectly, to any destination that is proscribed under Part 740 of the U.S. Department of Commerce Export Administration Regulations or to any national of any one of those countries ("Prohibited Nationals").
atkins Networks, Inc. is a Delaware incorporated company with offices in San Francisco, California. atkins makes no representation that Site Content is appropriate or available for use in any location, and accessing the The Atkins Learning Center Web Site or Site Contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction. The laws of the State of California, specifically excluding choice of law principles, will govern this User Agreement and will apply to all issues and matters relating to or arising from your use of this The Atkins Learning Center Web Site and the Site Content. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) State of California; or (ii) the Northern District of California of the United States District Court.
The The Atkins Learning Center Web Site and Site Content is the property of atkins Networks, Inc. and its licensors and is protected by United States and International copyright laws. All copyright, trademark, and other proprietary rights in the The Atkins Learning Center Web Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by atkins at the The Atkins Learning Center Web Site are reserved to atkins and its licensors.