Agreement
WEB SITE TERMS AND CONDITIONS OF USE (Rev. 08-01-09)
Welcome to www.momentumearlylearning.com , a web site owned and operated by Momentum Early Learning, its parent, subsidiaries and/or affiliates (collectively, “Momentum”). These Web Site Terms and Conditions of Use (“Terms”) contain the terms and conditions upon which Momentum is willing to provide you access to and use of this web site (collectively, the “Site”), and govern any request you make to Momentum through the Site. These Terms form a contract between you and Momentum. If you do not agree to be bound by these Terms, you may not access or use the Site. Use of the Site indicates your acceptance of these Terms and Momentum’s Web Site Privacy Policy. Please scroll down through these Terms to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions.
If you have questions regarding these Terms, please contact Momentum at info@momentumearlylearning.com.
Limited License; Restrictions on Use
You may only use this Site if you are at least 18 years of age. By accessing any portion of the Site, you have a limited license to use the Site, including the limited right to view and bookmark, for your non-commercial, personal use and information only, pages of the Site, subject to any other terms and conditions of use in these Terms, or in related agreements between you and Momentum, and subject to Momentum policies. These Terms cannot be waived or modified by any oral communications between you and Momentum.
Momentum owns or holds a license to use all of the content, materials, and other intellectual property related to the Site, including, without limitation, all text, graphics, photographs, music, data, images, audio and video, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Materials”). You have no rights to the Materials, except as expressly set forth in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited.
Momentum relies on a variety of sources for the information it provides on the Site, including, without limitation, information related to its services. Without limiting the disclaimer language in these Terms, the information contained on this Site is believed to be accurate at the time of posting. However, from time-to-time Momentum may find it necessary to make revisions. Momentum reserves the right to make all such changes without notice.
Updating Terms
Momentum reserves the right, at its discretion, to change, delete, and update portions of these Terms or other policies that govern use of the Site at its discretion, at any time, for any reason. You should review these Terms periodically for changes. Any amendments and modifications by Momentum will be prospective only, and unless otherwise provided in this Agreement, will be effective upon being posted on the Site.
Personal Information and Unauthorized Use
You agree that Momentum is not liable to you or any third party for damages or losses related to the accuracy or disclosure to Momentum of your personal information, which may include, but is not limited to, your name, email address, contact information, image or likeness, user name or password, or other personally identifying information. It is your responsibility to maintain the confidentiality of your personal information. If you believe that someone has used your personal information to access any Momentum services without your authorization, please contact Momentum immediately at (262) 820-2595 or info@momentumearlylearning.com.
Please review Momentum’s Web Site Privacy Policy for more information regarding Momentum’s policies and procedures for disclosing and using your personal information. Subject to the Web Site Privacy Policy, Momentum retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your personal information (in any media, currently known or unknown) related to these Terms.
Termination and Monitoring
These Terms are effective until terminated. If you no longer agree to be bound by these Terms, you must cease use of the Site. You agree that Momentum may terminate, restrict, or suspend all or part of your license to access the Site and delete any content transmitted to or through the Site, at any time, at its sole discretion, without prior notice to you and without any liability to you. You agree that Momentum has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner. You release Momentum from any liability related to its monitoring activities.
Third-Party Information
For your general informational use only, Momentum may provide access to third party web sites. These web sites are external to, and are not included in, the Site. Momentum is unable to verify, and takes no responsibility for, the contents of any third party web site that may be linked to the Site, whether such link is provided by Momentum or by a third party.
Disclaimers and Limitations of Liability
You assume all risks associated with your use of the Site or your personal information for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, IMAGES, VIDEO, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). MOMENTUM MAKES NO REPRESENTATION OR WARRANTY REGARDING, AND DISCLAIMS ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN MOMENTUM, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, ARISING OUT OF OR RELATED TO USE OF OR ACCESS TO THIS SITE. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO MOMENTUM.
YOU AGREE THAT MOMENTUM, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “MOMENTUM PARTIES”) ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE MOMENTUM PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY MOMENTUM IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE MOMENTUM PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE (1) YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.
Indemnification
In consideration of your use of the Site, you hereby agree to indemnify the Momentum Parties (and any of their third party service providers) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to: (i) your (a) breach of these Terms, (b) violation of any person’s or entity’s legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (c) violation of any applicable law, rule or regulation, or (d) negligence, recklessness, or misconduct; or (ii) unauthorized use of your personal information by a party other than Momentum.
Applicable Law
Momentum controls and operates the Site from our offices within the State of Wisconsin in the United States. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to Momentum and your use of the Site.
Severability and Waiver
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No failure to exercise and no delay in exercising, by Momentum, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by Momentum of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Momentum.
Copyright Agent for Claims of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, Momentum designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Momentum’s designated agent the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; |
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(2)
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a description of the copyrighted work that you claim has been infringed; |
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(3)
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a description of where the material that you claim is infringing is located on the Site; |
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your address, telephone number, and e-mail address; |
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(5)
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and |
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(6)
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a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. |
| Momentum’s designated agent for notification may be contacted at:By Mail: W248 N5250 Executive Drive, Suite 400, Sussex, WI 53089 By Phone: (262) 820-2595 By Fax: (262) 372-4969 By E-mail: info@momentumearlylearning.com |
Dispute Resolution
To the extent enforceable under applicable law, any dispute arising under or related to these Terms or the Site shall be finally settled by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), with the arbitration to be commenced no later than one (1) year after such Claim accrues (in absence of which it shall be deemed forever waived). All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim). A judgment upon an arbitrator’s award may be entered by any court of competent jurisdiction. Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the Site, or these Terms shall be in Milwaukee, Wisconsin. Any matter brought before a court shall be brought solely in the state or federal courts located in Milwaukee, Wisconsin. THE PARTIES HEREBY WAIVE THEIR RIGHTS TO CHALLENGE THE JURISDICTION OF SUCH COURTS AND TO DEMAND A JURY TRIAL.
Independent Parties
For purposes of these Terms, the parties hereto shall be independent contractors and neither shall at any time be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by this Agreement.
Entire Agreement
These Terms, the Permission and Acknowledgement of Recording and Viewing Images and Indemnification Agreement, the Web Site Privacy Policy, and any other policies referenced and attached hereto, constitute the entire agreement between you and Momentum related to the Site. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. If there is a conflict between these Terms and any terms appearing on the Site, or in any policies, those terms that are more favorable to Momentum shall govern.
