Website Terms of Use

The Site is the property of The Marketing Dept Unlimited. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The Marketing Dept. Unlimited reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The Marketing Dept. Unlimited grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to The Marketing Dept. Unlimited, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without The Marketing Dept. Unlimited’s express prior written consent.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to create an account (including setting up an user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify The Marketing Dept. Unlimited immediately of any unauthorized use of your account or password, or any other breach of security.

You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Common Sense Education cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Disclaimers
THE MARKETING DEPT. UNLIMITED DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE MARKETING DEPT. UNLIMITED CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE MARKETING DEPT. UNLIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MARKETING DEPT. UNLIMITED DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY THE MARKETING DEPT. UNLIMITED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE MARKETING DEPT. UNLIMITED FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

The Marketing Dept. Unlimited reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will The Marketing Dept. Unlimited be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if The Marketing Dept. Unlimited has been advised of the possibility of such damages.

Indemnity
You agree to indemnify and hold The Marketing Dept. Unlimited, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against The Marketing Dept. Unlimited by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
The Marketing Dept. Unlimited 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 Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Marketing Dept. Unlimited’s rights or property, or the rights or property of visitors to or users of the Site, including The Marketing Dept. Unlimited’s customers. The Marketing Dept. Unlimited reserves the right at all times to disclose any information that The Marketing Dept. Unlimited deems necessary to comply with any applicable law, regulation, legal process or governmental request. Common Sense Education also may disclose your information when The Marketing Dept. Unlimited 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 The Marketing Dept. Unlimited may preserve any transmittal or communication by you with The Marketing Dept. Unlimited through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or The Marketing Dept. Unlimited determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of The Marketing Dept. Unlimited, its employees, users of or visitors to the Site, and the public.

You agree that The Marketing Dept. Unlimited may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Marketing Dept. Unlimited, for which monetary damages would be inadequate, and you consent to The Marketing Dept. Unlimited obtaining any injunctive or equitable relief that The Marketing Dept. Unlimited deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Marketing Dept. Unlimited may have at law or in equity.

You agree that The Marketing Dept. Unlimited may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If The Marketing Dept. Unlimited does take any legal action against you as a result of your violation of these Terms of Use, The Marketing Dept. Unlimited 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 The Marketing Dept. Unlimited. You agree that The Marketing Dept. Unlimited will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and The Marketing Dept. Unlimited with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and The Marketing Dept. Unlimited with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with The Marketing Dept. Unlimited, The Marketing Dept. Unlimited will not accept any counteroffers to these Terms of Use, and all such offers are hereby categorically rejected. The Marketing Dept. Unlimited’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Marketing Dept. Unlimited of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between The Marketing Dept. Unlimited and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The Marketing Dept. Unlimited provides access to The Marketing Dept. Unlimited international data and, therefore, may contain references or cross references to The Marketing Dept. Unlimited products, programs and services that are not announced in your country. Such reference does not imply that The Marketing Dept. Unlimited in your country intends to announce such products, programs or services.