Welcome, and thank you for your interest in Defenders of Truth Bible Curriculum, a 501(c)(3) organization (“DTBC” or “We” or “Us”), which operates the web site located at https://www.dotbiblecurriculum.com and related application programming interfaces (API’s), software, downloads, mobile applications, online services, documents, syllabi, intellectual property, and similar materials available through the website (the “Website”). The following Terms of Service is a legal contract between you (“You”) and DTBC regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE DTBC PRIVACY NOTICE AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”).
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
The website is NOT available to:
By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent:
In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to DTBC, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify DTBC at email@example.com. You may be liable for the losses incurred by DTBC or others due to any unauthorized use of your Website account. All accounts are non-transferrable and solely limited to use by the individual(s) or organization(s) registering with DTBC.
Individual Accounts can be used as downloaded consumables or electronically using a desktop computer, a laptop computer, tablets, or on select mobile devices (following an application download). An Individual Account, which, if a child younger than 13 years of age, would include the Parent. Each individual account must have its own login, and progress tracked and saved if completing the curriculum electronically.
The Parent may also add their child’s teacher to the Individual Account and/or link the Individual Account to a child’s Classroom Account. Only the Parent can determine whether, and with whom, their child(ren) can communicate on the Website, as well as who, if anyone, within their Individual Account or within other linked Accounts can view their child(ren)’s progress of online curriculum on the Website.
Classroom Accounts can be used as downloaded consumables or electronically using a desktop computer, a laptop computer, tablet or on select mobile devices (following an application download). Classroom Accounts are offered at the sole discretion of DTBC and we reserve the right to cancel or change the terms and/or conditions of any or all Classroom Accounts at any time, for any reason. Classroom Accounts can only be established and managed by a teacher and are intended for multiple students completing curriculum simultaneously within the same level. If completing the curriculum electronically, classroom students must have their own individual accounts, as well. Each student’s progress in the curriculum is tracked and saved if completing the curriculum online.
Classroom Accounts are linked to a student’s Individual Account upon the requisite Parental consent, if any. An Individual Account allows the child to complete his/her teacher’s Website assignments outside the classroom, and only parents with an Individual Account will have the opportunity to view their own child’s progress on the Website (but not the progress of other children). Please note that with Classroom Accounts, unlike Individual Accounts, students cannot communicate with anyone other than their teacher or post or display any content without parent authorization.
Organization Accounts can be used as downloaded consumables or electronically using a desktop computer, a laptop computer, tablet or on select mobile devices (following an application download). Organization accounts are intended for organizations and institutions that provide education to multiple classrooms and/or levels. An Organization Account has its members, including the principal administrator and his/her designees. All members have their own login, and their progress, curriculum, history, etc. is separately tracked and saved if using online learning. Only the Principal Administrator can determine whether, and with whom, their designees can communicate on the Website, as well as who, if anyone, within their Organization Account or within other linked Organization Accounts can view each other’s progress on the Website. When accessing curriculum online, the Organization Accounts may only be accessed through the organization’s IP address that is associated with a valid Organization Account.
If You are a User of the Website and are under the age of 13 (“Child User”), You may not register an account for the Website without consent and approval from your legal parent or guardian. A Child User that begins the registration process for himself or herself without a Parent User may have the registration process restricted until a Parent User approves or assumes responsibility for the Child User account. Additionally, a Child User may use the Website if registered through certain educational organizations or, in certain cases (as defined below), by Teachers that have entered into a relationship directly with DTBC and through which education organization or Teacher the legal parent and/or guardian of such Child User has consented to use of the Website. Further, in certain instances, a Child User may use our Website via one of the third party applications that integrate into or with the Website. A Child User that has registered through such external educational organizations, third party applications, or Teachers will only be permitted to use the Website for so long as DTBC reasonably believes that such access has been consented to by the Child User’s parent or guardian.
If You are at least 18 years of age and you are the legal parent or guardian of a child that seeks to register as a Child User of the Website, You may register a parent account on the Website (“Parent User”). As a Parent User, you must create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. You acknowledge that DTBC may choose, but is not obligated, to make any inquiries, either directly or through third parties, that DTBC deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. DTBC reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT DTBC CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND DTBC IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR A TEACHER DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN. A Parent User account, along with all associated Child User accounts, may be terminated by DTBC at any time and without warning for any failure to abide by these Terms.
DTBC reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, DTBC will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after DTBC makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
DTBC may permit (a) the posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by You and other users of computer code (including source code and object code) (“User Code”) (User Postings and User Code, collectively, “User Content”). You understand that whether or not such User Content is published, DTBC does not guarantee any confidentiality with respect to any submissions.
By posting, submitting or distributing User Content on or through the Website, You hereby grant to DTBC a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
DTBC grants you a non-exclusive, non-transferable, revocable, limited license to access the Website (“License”) for your personal use or the use of your children’s progress on the Website. DTBC, in its sole discretion, may terminate your License at any time, for any reason, and without any notice. Your use of the limited license is subject to the Terms set forth herein.
By posting, submitting or distributing User Postings through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Postings in any manner permitted or made available by DTBC on or through the Website.
You are solely responsible for your User Content and the consequences of posting, creating, or publishing them. You represent and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize DTBC and DTBC’s Users to use and distribute your User Content as necessary to exercise the licenses granted by You in these Terms and in the manner contemplated by DTBC and these Terms; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
DTBC may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that, although DTBC may provide certain features intended to allow you to restrict some User Content you create from others, DTBC does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, DTBC will use reasonable efforts to notify you pursuant to these Terms and Conditions. DTBC HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
You understand that when using the Website You will be exposed to User Content from a variety of sources, and that DTBC is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against DTBC with respect thereto. DTBC does not endorse any User Content or any opinion, recommendation or advice expressed therein, and DTBC expressly disclaims any and all liability in connection with User Content.
It is DTBC’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to DTBC’s DMCA Notification Guidelines. DTBC will promptly terminate without notice your access to the Website if You are determined by DTBC to be a “repeat infringer.” A repeat infringer is a User who been notified by DTBC of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Website more than twice.
The Website is owned and operated by DTBC. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (the “Website Materials”) are or will be protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth herein, all Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to DTBC, and DTBC reserves all rights therein and thereto not expressly granted by these Terms. Your use of the Website does not constitute any right or license for you to use such service marks, soundmarks, or trademarks, without the prior written permission of the corresponding service mark or trademark owner. DTBC claims ownership of intellectual property rights in the Website and its content to the maximum extent provided by copyright laws and international treaties. The copying, reproduction, redistribution, modification, use or publication by you of the Website or its content is strictly prohibited except as allowed as set forth in these Terms and Conditions. Your use of the Website does not grant you ownership rights of any kind in the Website or its content. At times, DTBC may provide material online and grant permission to use the material with certain restrictions. This permission extends only to registered users and their teachers as long as all copyright, trademark and proprietary notices are included on the material; the material is not modified in any manner; and the use of material is non-commercial in nature. The permission does not grant you any ownership rights in the material, and your use of the material inures to the benefit of DTBC.
The Website may offer certain features and services that are available to you via your wireless Internet Device (collectively, “Wireless Features”). Your carrier may charge standard messaging, data, and other fees, which may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Internet Device regarding us or other parties. If you have registered via the Website for Wireless Features, then you agree to notify us of any changes to your wireless number (including phone number) and update your Account on the Website to reflect the changes.
Any items that we make available for download or use from the Website and/or our servers (the “Downloadable Items”) are the copyrighted work of us or our licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Website, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
DTBC may make available on the Website certain educational music, videos, exercises, and related supplementary materials that are owned by DTBC or its third-party licensors (the “Licensed Educational Content”). DTBC grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Website by DTBC solely for your personal, non-commercial and not-profit purposes. Unless expressly indicated on the Website that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
In certain cases, DTBC or its licensors may make available Licensed Educational Content under alternate license terms, such as a variant of the Creative Commons License (as defined below) (each, an “Alternate License”). Where expressly indicated as such on the Website, and subject to the terms and conditions of these Terms, the applicable Licensed Educational Content is licensed to You under the terms of the Alternate License. By using, downloading, or otherwise accessing such Licensed Educational Content, You agree to comply fully with all the terms and conditions of such Alternate License.
Unless expressly otherwise identified on the Website with respect to a particular item of Licensed Educational Content, any reference to the “Creative Commons”, “CC” or similarly-phrased license shall be deemed to be a reference to the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License (available at http://creativecommons.org/licenses/by-nc-sa/3.0/us/) (the “Creative Commons License”).
The Licensed Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed to in writing by DTBC.
Without limiting the generality of the foregoing, the following are types of uses that DTBC expressly defines as falling outside of “non-commercial” use:
Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a non-profit entity. As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity’s use of the Licensed Educational Content in connection with a fee-based training or educational program is NOT “non-commercial” and is not permitted.
If You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, You must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “All DTBC content is available for free at www.dotbiblecurriculum.com”.
Access to and use of the content and trademarks is restricted to Users solely to implement the curriculum. Any content which is not expressly designated by DTBC as “editable” may not be revised, edited, or altered without prior written consent from DTBC. POSTING ANY DTBC CONTENT, TRADEMARKS, OR ADAPTATIONS, IN WHOLE OR IN PART, ON UNSECURED OR PUBLIC WEB SITES, SUCH AS YOUTUBE, AND USE OF ANY DTBC CONTENT OR TRADEMARKS IN FOR-SALE OR COMMERCIAL PRODUCTS OR SERVICES ARE STRICTLY PROHIBITED AND WILL AUTOMATICALLY VOID YOUR LICENSE.
The User agrees to cease all use of the content and trademarks upon expiration or termination of the applicable License. Additionally, all copies of content accessed through the License and stored by the User on any hard drive or other storage device or in hard copy must be deleted or destroyed upon expiration or termination of the License.
It is your responsibility to be aware of these Terms and guidelines, and to inform each User under your sponsorship, classroom, or organization of the restrictions applicable to use of the content and trademarks, and to enforce them.
Music and video files licensed by you from DTBC may be used as follows:
Trademarks may be reproduced and displayed in connection with the program in which you are using the corresponding curriculum under a current License. You agree to use the Trademarks in the form provided by DTBC without alteration of any kind and to include the trademark notices (“TM” or “®”) used by DTBC with each display of the Trademarks. The trademark license does not include the right to use any Trademark in your name, in the name of any classroom or organization, or in connection with a for-sale product or service offered by you or your organization. Any use of the Trademarks in text should be in ALL CAPS with the appropriate trademark notice. All use of the trademarks must comply with the DTBC style guide, if one is produced and as may be revised from time to time.
You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, that would be defamatory to DTBC, or that would interfere with any other party’s use and enjoyment of the Website. You agree not to post or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; includes personal or identifying information about another person without that person’s explicit consent; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or employs misleading names, email addresses, other contact information, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content. You agree not to contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; “stalk” or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; or repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. You agree never to transmit or attempt to transmit any detrimental data or programs to the server hosting the Website.
You agree not to use the Website in any manner that could damage, disable, overburden or impair the Website. Damage caused by you to the Website or any of its licensees may subject you to both civil and criminal penalties. You may not access the Website through unauthorized means or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not, and may not authorize any party, to: (i) co-brand the Website; (ii) frame the Website; or (iii) hyper-link to content accessed through use of a login name and password without the express prior written permission of an authorized representative of DTBC. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. You agree to cooperate with DTBC in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
You further agree not to:
The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). DTBC does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
When linking to our Site, you must adhere to the following requirements: (i) the link to this Website must not damage, disparage, present false information about or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to this Website must not create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; (iii) with the sole exception of authorized Classroom or Organization Accounts, no one may “frame” the Website or create a browser environment around any of the Content; and (iv) you may not link to the Website from a web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Areas of the Website open to children signed in to their Account may have links to third party web sites. In the separately password-protected Parents, Teachers, and Organization sections of the Website and sections of the Website open to the general public we may include links to other websites that relate to the Website experience (“Linked Sites”). Any activities you engage in or access in connection with a Linked Site are subject to the privacy and other policies of the Linked Sites and we disclaim all liability in connection therewith. Any interactions, transactions, and other dealings that you have with any third parties found on or through the Website (including via Linked Sites) are solely between you and the third party (including issues related to payments, delivery of goods and warranties) and we disclaim all liability in connection therewith.
DTBC, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with DTBC or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time. DTBC may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that DTBC will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies DTBC may have at law or in equity. As discussed herein, DTBC does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of DTBC in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
DTBC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the DTBC Sites, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DTBC‘s rights or property, or the rights or property of visitors to or users of the DTBC Sites, including DTBC‘s customers. DTBC reserves the right at all times to disclose any information that DTBC deems necessary to comply with any applicable law, regulation, legal process, or governmental request. DTBC also may disclose your information when DTBC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that DTBC may preserve any transmittal or communication by you with DTBC through the DTBC Sites or any service offered on or through the DTBC Sites, and may also disclose such data if required to do so by law or DTBC determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms and Conditions; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of DTBC, its employees, users of or visitors to the DTBC Sites, and the public.
You agree that DTBC may, in its sole discretion and without prior notice, terminate your access to the DTBC Sites and/or block your future access to the DTBC Sites if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the DTBC Sites. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to DTBC, for which monetary damages would be inadequate, and you consent to DTBC obtaining any injunctive or equitable relief that DTBC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DTBC may have at law or in equity.
You agree that DTBC may, in its sole discretion and without prior notice, terminate your access to the DTBC Sites, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) discontinuance or material modification of the DTBC Sites or any service offered on or through the DTBC Sites; or (3) unexpected technical issues or problems.
If DTBC does take any legal action against you as a result of your violation of these Terms and Conditions, DTBC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to DTBC. You agree that DTBC will not be liable to you or to any third party for termination of your access to the DTBC Sites as a result of any violation of these Terms and Conditions.
You agree to indemnify, defend, and hold harmless DTBC, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“DTBC Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child User associated with you if you are a Parent User, Teacher, or any other Adult User. DTBC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify DTBC, and You agree to cooperate with DTBC’s defense of these claims. DTBC will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, WIRELESS FEATURES, DOWNLOADABLE ITEMS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DTBC, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DTBC OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUS OR OTHER HARMFUL ELEMENTS.
DTBC, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DTBC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH DTBC, EVEN IF DTBC OR A DTBC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DTBC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL DTBC’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT DTBC HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DTBC, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DTBC. DTBC WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
DTBC may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless DTBC is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
The failure of DTBC to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by DTBC.
The Terms will be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of law.
For any claim related to the Terms or the Website, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either DTBC or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR“) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You agree that any action at law or in equity arising out of or relating to the Terms or DTBC will be filed only in the state or federal courts in and for Johnson County, Kansas, and each of You and DTBC hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 14.3(b) regarding arbitration. Notwithstanding this, DTBC shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
All claims you bring against DTBC must be resolved in accordance with this Section 15(c). All claims filed or brought contrary to this Section 15(c) shall be considered improperly filed. Should either party file a claim contrary to this Section 15(c), the other party may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
YOU AND DTBC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without DTBC’s prior written consent, but may be assigned by DTBC without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5 through 15.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
The Terms, the Privacy Notice and Guidelines constitute the entire agreement between You and DTBC relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Notice or Guidelines made by DTBC as set forth in Section 4 above.
The Website is hosted in the United States, and the services provided hereunder are offered by DTBC: 9218 Metcalf Avenue, Suite 227, Overland Park, Kansas 66212; firstname.lastname@example.org.