TERMS OF SERVICE
Effective Date: January 17, 2016
Welcome to Key2PHYSICS! Please familiarize yourself with these Terms of Service (the “Terms”) because this document is legally binding on you even if you are just browsing www.key2physics.com (the “Site”) without making a purchase or contacting us. The Site is owned and operated by 33Sigma Learning Labs, LLC (“We,” “Us” or “Our”). If you do not want to accept and agree to these Terms, you must exit the Site. Note that we may revise these Terms every once in a while whenever we feel it is appropriate, without notifying you. If you continue visiting our Site after we have published the revised Terms on this page, this constitutes your acceptance of the changes. So, please check this page periodically to take notice of any changes we made.
Key2PHYSICS provides a collection of learning, assessment, and tutoring resources for physics educators and their students. Our assessment and tutoring feature allows for instantaneous student feedback with question specific hints for students who are struggling. In addition, real-time learning charts and reports are available to help educators adapt instruction to meet the individual needs of their students.
- Ownership. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected in the U.S., and internationally, under trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users (e.g. product reviews). We take no responsibility and assume no liability for any content posted by users or any third party.
- Use License. Our Site is licensed to you, not sold, so you will not acquire any ownership rights in the Site under these Terms. We grant you a limited, non-exclusive, non-transferable, and revocable license to access the Site solely for your own needs. We reserve the right to deny anyone access at any time for any reason. You must not reverse engineer, disassemble or decompile any part of our Site, except and only to the extent that the applicable law expressly permits doing so.
- Your Content. You are solely responsible for the content you submit through our Site (e.g. when you post on our message board). We do not claim ownership of any content submitted through our Site. We are not a backup service and we will not be responsible for loss of your content. All content you post must comply with applicable law, these Terms and our guidelines. We reserve the right to moderate and remove any content we deem inappropriate.
- DMCA Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our Site will be investigated if reported to us via email: [email protected] If we believe that any material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.
By using this Site, you represent, warrant and agree that:
- Our Site may contain typographical errors or other inaccuracies.
- Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
- You will only submit true, complete and not misleading information to the Site. Submission of untruthful content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions.
- You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third-party site or other resources.
- You will not access our Site in order to gain a competitive advantage.
- You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
- All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms of Service.
- We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
- You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
REMEDIES FOR BREACH OF THESE TERMS
- We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Service, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms of Service or available under equity or law.
- Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- YOUR USE OF THE SITE AND ITS CONTENT IT IS AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE DATE THE UNDERLYING CAUSE OF ACTION OCCURRED.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, product reviews, posts, articles, and images (ii) your breach of these Terms, any law or regulation, and (iii) your infringement of any intellectual property or privacy right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between you and us.
By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by the laws of Massachusetts without regard to its conflict of laws principles which would result in application of any other law. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located Boston, MA.
- Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
- Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Service, at our sole discretion, without obtaining your consent.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
- Severability. Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- No Waiver. Enforcement of these Terms of Service is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances.
Please direct your questions, comments or concerns to: [email protected]