Last Updated: July 21, 2015
BEFORE YOU USE THIS WEBSITE OR CLICK ON THE ACCEPT BUTTON, CAREFULLY READ ALL THE FOLLOWING TERMS AND CONDITIONS. BY USING THIS WEBSITE OR BY CLICKING ON THE ACCEPT BUTTON, YOU AGREE TO BE BOUND BY, AND TO BECOME A PARTY TO, THIS AGREEMENT.
This End User License Agreement (the "Agreement") is a legal agreement between You (as defined below) and Personalized Learning Games, Inc. ('"PLG") relating to and governing Your access to and use of this website (the "Site") (collectively, together with the Site, the "Service") and all materials and information located on or accessed through the Service including, without limitation, documentation, forms, templates and Third Party Content (collectively, the "Materials"). For purposes of this Agreement, "You" and "Your" shall mean either the individual person or the legal entity that is accessing or using the Service and Material. For purposes of this Agreement, "Business Partners" means any of PLG's service providers, suppliers, vendors, business partners, and their respective employees, distributors and agents.
PLG may at any time, at its sole discretion, update and revise this Agreement by posting an amended Agreement on the Site. Any changes to this Agreement will be effective immediately upon posting on the Site. Please check this page periodically for changes to the Agreement. You will be able to determine if this Agreement has been changed since Your previous visit by viewing the "Last Updated" information that appears at the top of this Agreement. Use of the Service or Materials by You following the posting of any changes constitutes acceptance of those changes.
Limited License. The Service and Materials are provided to You for use pursuant to a license agreement (the "Access License") between PLG and a third party, such as a school, school system, or teacher (the "Access Provider"). Conditioned upon, and subject to, Your compliance with the terms and conditions of this Agreement, PLG hereby grants You the non-exclusive, non-transferable, limited right and license to access and use the Service and Materials solely in conjunction with Your affiliation with the Access Provider. This license will be automatically revoked, without any requirement of notice by PLG to You, immediately upon termination of the Access License or as otherwise permitted in the Access License. Access to and use of the Service and Materials is subject to your continued affiliation with, and any agreement between and, the Access Provider.
Registration. You may be required to register an account through the Site before you can access certain parts of Services and Materials. Each registration is for a single user only. You must be 18 years of age or older to register for an account. If you are 18 years of age or older, you may register a user that is younger than 18 years of age, but you must have the consent of the user's parent, legal guardian, or school official (as applicable). You agree that You are responsible for providing current, accurate, and complete information regarding Yourself and any user You register for the Services. By accessing the Service, You represent that You are authorized to access and use the Service and Materials. You agree that provision of a username and password ("Your Login Information") is Your signature and authorization for PLG to allow You to access the Service and Materials. You are solely responsible for keeping Your Login Information confidential and for all activity on the Site occurring under Your Login Information. You agree to close the browser window for the Site at the end of each use, and you will immediately notify us of any unauthorized use of Your Login Information. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
User Conduct. You shall not access or use the Service or Materials in any unlawful manner or for any unlawful purpose or in violation of these terms and conditions or applicable laws, rules and regulations. You agree that You will only access and use the Service and Materials solely for personal purposes and in accordance with applicable laws, consistent with this Agreement. PLG shall have the right, in its reasonable discretion, to suspend immediately any Service or access to the Site if PLG determines that such action is necessary to prevent a security or confidentiality breach, or to prevent damage or misuse of the Service or Materials. Without limiting the foregoing, You shall not use the Service to take any of the following actions:
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
transmit, publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, any software or hardware, the Site, other websites of PLG, or telecommunications equipment;
advertise or offer to sell any goods or services for any commercial purpose without PLG's written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters or other unsolicited messages;
download any file that You know or reasonably should know is not normally legally obtained in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of the Service;
interfere with or disrupt PLGÕs sites, servers, or networks;
probe, scan or test the vulnerability of the Site or circumvent any security mechanism used by the Site;
impersonate any person or entity, including, but not limited to, any employee, agent, or vendor of PLG, or falsely state or otherwise misrepresent such party's affiliation with a person or entity;
forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Service or to manipulate Your presence on a Site;
take any action that imposes an unreasonably or disproportionately large load on PLG's infrastructure;
engage in any illegal activities; or
collect, store or Transmit personal information (including but not limited to PHI) about individuals or any information in violation of applicable laws.
You will not permit any other individuals to use Your Login Information, access or use the Site through Your Login Information, or use the Materials. You agree not to (a) reproduce, duplicate, copy, sell, trade, or resell any portion of the Service (including Log-In Information) or Materials, or (b) create derivative works based on the Service or Materials.
You acknowledge and agree that PLG may disclose or use any data, information, and other materials ("User Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") for purposes that include, but are not limited to: (a) enforcing this Agreement; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of PLG, its customers or the public. With respect to User Content that you Transmit to the Site, you grant PLG a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, excerpt, reproduce, display, publish, modify, distribute and create derivative works of such User Content in any form or media, and to allow others to do so, however, Company will only share personally identifiable information that you provide in accordance with Company's privacy statement. As between the parties, we own all right, title, and interest in and to all intellectual property rights in all Materials, products or Services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information.
Third Party Content, Links, and Software. The Site and Materials may contain content provided, owned, and/or created by a third party, including, without limitation, content which may be publicly available through other sources (collectively "Third Party Content"). Neither PLG nor any Business Partner provides any warranty as to the accuracy or completeness of such Third Party Content or as to whether use of such Third Party Content infringes any third party's intellectual property rights. The Site may also contain links to sites owned or operated by parties other than PLG. Such links are provided for Your convenience only. PLG does not control, and is not responsible for, the content, privacy policies, or security of such sites. Without limiting the foregoing, PLG specifically disclaims any liability or responsibility if such sites (a) infringe any third party's intellectual property rights; (b) are inaccurate, incomplete, or misleading; (c) are not merchantable or fit for a particular purpose; (d) do not provide adequate security; (e) contain viruses or other items of a destructive nature; or (f) are libelous or defamatory.
Risks. PLG acts solely as an operator of the Service and does not warrant that the use or operation of the Service will be uninterrupted or error-free. Use of the Service and any reliance upon any Materials, including any action taken or not taken by You or any other person because of such use or reliance, is at Your sole risk. Without limiting the foregoing, You agree that PLG is not responsible for the accuracy of the Materials or other information, including healthcare data accessed through the Service, and it is Your responsibility to confirm the accuracy of such information.
Indemnification. You agree to indemnify, defend and hold harmless PLG from and against all damages, costs and expenses, including, without limitation, interest, penalties and reasonable attorneys' fees and disbursements, asserted against, directly resulting to, imposed upon or directly incurred by PLG by reason of or resulting from any of the following: (a) Your breach of this Agreement; (b)Your negligence, willful misconduct or violation of law; and (c) Your use of the Service or Materials for any purpose other than the purpose for which they were intended.
No Support Obligations. PLG shall not have any obligation under this Agreement to provide any updates, corrections, changes, enhancements, or modifications to the Service or Materials (collectively, "Updates") or to otherwise correct any errors or defects in the Service or Materials. However, if any Updates are provided by PLG to You, the terms and conditions of this Agreement shall govern such Updates unless such Updates are accompanied by a separate end user license agreement.
LIMITATIONS ON LIABILITY. PLG AND ITS BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USE OF OR INABILITY TO USE THE SERVICE AND/OR THE MATERIALS. IN NO EVENT SHALL PLG OR ANY OF ITS BUSINESS PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, RELIANCE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF PREVIOUSLY INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT PLG OR ANY OF ITS BUSINESS PARTNERS IS NEVERTHELESS FOUND LIABLE FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF PLG OR ANY BUSINESS PARTNERS WILL BE LIMITED TO THE AMOUNT PAID TO PLG FOR YOUR USE OF THE SERVICE DURING THE TWELVE MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Ownership. Except as set forth in the Access License, the Service, Materials, and PLG and any Business Partners' names and logos and all related product and service names, design marks and slogans are the property of PLG, its affiliates or Business Partners. Other product names and service marks, etc. are the property of their respective owners. You are not authorized to use any of these marks. Use of the Service confers no title or ownership in the Service, the Materials or the marks. References to any names, marks, products or services of third parties or hypertext links to third party site or information do not necessarily constitute or imply PLG's or its Business Partners' endorsement, sponsorship or recommendation of the third party, information, product or service. Licensee acknowledges that PLG owns or has licensed all copyrights and associated intellectual property rights in the Service and Materials. You and Licensee will not, and will not permit anybody to, copy, modify, translate, reverse engineer, decompile, disassemble or create derivative works of any software, the Site, or Materials licensed to You by PLG or its Business Partners in connection with the Service.
Export Controls. The Service and Materials are provided by PLG in the United States for access and use in the United States only. Those who access the Service do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. Use of the Service is subject to applicable United States export controls. None of the Service, Materials or underlying information or technology may be downloaded or otherwise exported or re-exported outside of the United States.
No Third Party Beneficiaries. You and PLG agree that You do not intend any third party beneficiaries to this Agreement, except that, notwithstanding the foregoing, or anything contained herein, You agree that the Access Provider and any Business Partners are intended third party beneficiaries with respect to Your acknowledgements, obligations, representations and warranties set forth in this Agreement.
General Terms. This Agreement constitutes the entire agreement among You and PLG with reference to use of the Service and the Materials, and supersedes any prior agreement between or among the parties regarding its subject matter. Notwithstanding the foregoing, if a third party is the Access Provider, this Agreement does not supersede any agreement between PLG and the Access Provider. This Agreement is governed by the laws of the State of North Carolina without regard to its conflict of law provisions. The state and federal courts of Wake County, North Carolina shall have exclusive jurisdiction over all disputes relating to this Agreement. The remedies at law of any party in the event of default or impending default by any other party in the performance of any terms of this Agreement may not be adequate, and such terms of this Agreement may be specifically enforced by a decree for specific performance, injunction or other appropriate equitable relief without the posting of any bond. You may not assign, transfer or delegate this Agreement or any part of it without PLG's prior written consent. PLG may freely transfer, assign or delegate all or any portion of this Agreement, and any rights and duties hereunder. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of any heirs, successors and permitted assignees of the parties. In the event any provision of this Agreement is found to be unenforceable or invalid, such provision shall be modified so as to make it valid and enforceable and as so modified the entire Agreement shall remain in full force and effect.
Termination of Agreement. PLG may terminate this Agreement immediately, with or without notice, if (i) You breach, appear likely to breach, or threaten to breach any of the provisions of this Agreement, (ii) any applicable Access License is terminated, (iii) as otherwise permitted in the Access License, or (iv) You are no longer affiliated with the Access Provider. Upon any such termination or expiration, You must immediately discontinue all use of the Service and Materials and immediately destroy all copies of the Materials. The provisions of this Agreement (other than Your right to use the Service and Materials) shall survive termination or expiration of this Agreement.
DISCLAIMER OF WARRANTIES. THE SERVICE AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLG DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT AND SOLELY TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY PROHIBITED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
PLG MAKES NO WARRANTY THAT (i) THE SERVICE OR MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE ACCURATE, UP TO DATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET THE EXPECTATIONS OF YOU, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PLG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.