1. Terms of Service Headings. The section titles in the terms of service are for purposes of convenience and organization only and have no contractual or legal effect.
2. Acceptance of Terms. Swaine Learning Systems provides services to paid license holders subject to the following Terms of Service. Our terms of Service may be updated at times, so you may review the most current version at any time through our help screen. Your use of the purchased website and the materials from the site constitutes your agreement to all such terms, conditions, policies, and the agreement.
3. Description of Service. The service provides access to the collection of learning materials and resources through the website. Any new features that enhance the current service, including the release of new material or features to the current service are subject to the terms of service. The service is provided “as-is” and Swaine Learning Systems assumes no responsibility for the deletion, timeliness, miss-delivery, or failure to store any user personal settings or communications. It is the responsibility of the user to obtain access to the service. This may involve third party fees such as ISP or airtime charges. The user is responsible for these fees and responsible for all equipment necessary to access the service.
4. License Usage. Swaine Learning Systems licenses are sold per classroom. Permission to use materials from the purchased website is only granted to paid, registered classrooms serving up to 35 students. Materials may only be used during the term of the license. The teacher may only use his/her username & password for his/her personal or classroom needs. If a classroom teacher is found to be sharing a username or password with or producing materials for or with non-licensed classrooms, the entire license will be immediately cancelled without refund. In addition, any unauthorized use will be subject to charges.
5. Disclaimer of Warranties You agree and understand that: A. The service is provided “as-is” and “as-available”. Your use of the service is at your own risk. Swaine Learning System disclaims all warranties of any type, whether expressed or implied, including, but not limited to the implied warranties of merchantability, non-infringement, and fitness for a certain purpose. B. Any material downloaded, printed, or obtained through the use of the service is done at your own discretion and your own risk. You will be solely responsible for any damage to your (or others you are using) computer system or loss of data that results from the download of materials. C. Swaine Learning Systems makes no warranty that: 1. The service will meet your requirements, 2. That the website, its content, and the servers on which the website and content are available are free of viruses or other harmful components. 3. The service will be uninterrupted, secure, timely, or error-free. 4. Any errors in the software will be corrected. 5. The results that may be obtained from the use of the service will be accurate or reliable. 6. The quality of services, information, products, or other purchased or obtained material by you through the service will meet your expectations. D. No information or advice, whether written or oral, obtained by you from Swaine Learning Systems through, or from, the service shall crate any warranty not expressly stated in the terms of service. E. Third party Information that you may access on the website or through links is not endorsed or adopted by Swaine Learning System and remains the responsibility of the third party.
6. Modifications to Service Swaine Learning Systems reserves the right at any time to discontinue or modify, both temporarily and permanently, the service or any part of the service with or without notice. You agree that Swaine Learning Systems is not liable to you or to any third party for any suspension, modification, or discontinuance of the service. Swaine Learning Systems may change, remove, or add any part of this Agreement, or any other terms associated with the use of the website, at any time, by posting a notice of such changes to the Terms of Service page. Any changes will become part of the Agreement and will apply as soon as the notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
7. Trademark Information. All materials on the Swaine Learning Systems website, including without limitation, names, logos, service marks, images, photographs, trademarks, graphics, illustrations, and other elements making up the service are protected by copyrights and other intellectual property rights controlled and owned by Swaine Learning Systems or by other parties that have licensed their material to Swaine Learning Systems. Except as specifically provided herein, no online materials may be republished, distributed, posted, or transmitted in any way, or used for any purpose, without the prior written permission of the respective owners. You are forbidden to add, distort, delete, or modify the content on this website. Any unauthorized attempt to change any online material, to defeat security features, or to use this website for means other than its intended purposed is strictly prohibited. Swaine Learning Systems will enforce its intellectual property rights to the fullest extent of the law. If you suspect that the content of our website is being mis-used please contact us as soon as possible.
8. Violations Please report any violations of the Terms of Service to Swaine Learning Systems.
9. Restrictions on Use Swaine Learning Systems Write Bright materials or its content may not be used for any illegal purpose or in any manner that is inconsistent with these terms and conditions. You agree to use Swaine Learning Systems website and materials solely for your own noncommercial use and benefit. It will not be used for resale or other transfer or disposition to any other entity or person.
10. Severability. If any provision of this agreement is found unenforceable or invalid, the provision will be enforced to the maximum extent allowed and the other provisions of this agreement will remain in force.
11. Third Parties, Sponsors, and Advertisers. Your business dealings or correspondence with or participation in promotions of: sponsors, advertisers, or third parties found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the sponsor, advertiser, or third party. You agree that Swaine Learning Systems is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of these sponsors, advertisers, or third parties on the service.
12. Links Swaine Learning Systems or third parties may provide links to other websites or internet resources. Swaine Learning Systems does not have control over such websites and resources, therefore, you acknowledge and agree that Swaine Learning Systems is not responsible for the availability of such external websites or resources and does not endorse them. Swaine Learning Systems is not responsible or liable for any content, quality, advertising, accuracy, products, or other materials on, or available from, these websites or resources. Further, you acknowledge and agree that Swaine Learning Systems shall not be responsible or liable, indirectly or directly, for any loss or damage caused, or alleged to be caused by or in connection with the use of, or reliance on, any such content, services, or goods available on, or through any such resource or website.
13. Non-Waiver. The failure of Swaine Learning Systems to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of this provision or right. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the specific parties’ intentions as shown in the provision, and the other provisions of the terms of service remain in full effect and force. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of, or related to, use of the service or the terms of service must be filed within one year after such cause or claim of action arose or be forever barred.
14. Limitation of Liability. You completely understand and agree that Swaine Learning Systems will NOT be liable for any direct, indirect, consequential, exemplary, incidental, or special damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, scores, or other intangible losses—even if Swaine Learning Systems has been advised of the possibility of such damages—resulting from: a. Statements or conduct of any third party on the service. b. The use of the inability to use the service. c. Unauthorized access to or alteration of your data or transmissions. d. The cost of procurement of substitute goods and services resulting from any data, goods, information or services purchased or obtained or received messages or entered transactions into, through, or from the service. e. Statements or conduct of any third party on the service or any other matter relating to the service. f. Any other matter relating to the service. 15. Letters, Reviews, or other such comments or materials. Any materials, letters, or comments sent by you to Swaine Learning Systems including without limitation to: comments, question, criticisms, suggestions, or the like will be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed. Swaine Learning Systems will have no obligation of any kind with respect to such Received Materials. Swaine Learning Systems will be free to use, disclose, display, reproduce, use, exhibit, transform, abridge, edit, create derivative works from, and/or distribute, the Received Materials without limitation or restriction. In addition, Swaine Learning Systems is free to use any concepts, ideas, know-how, or techniques contained in any communication sent by you to Swaine Learning Systems for any purpose whatsoever, including, but not limited to, manufacturing, marketing products, and developing using such information, without compensation or any other obligations to anyone, including you.
16. Exclusions and Limitations. Certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations above of sections 5 & 12 may not apply to you.
17. Indemnification. Each Party shall defend indemnify and hold harmless the other Party, including Affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all claims of third parties, and all associated losses, to the extent arising out of (a) a Party’s gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by a Party of any of its representations, warranties, covenants or agreements under this Agreement.
18. Privacy Read Swaine Learning Systems privacy statement.
19. Refusal or Discontinuance of service Swaine Learning Systems Retains the right to discontinue or refuse service to any user for noncompliance with these terms and conditions.
20. Entire Agreement This agreement, along with any other terms and conditions of service, on a Swaine Learning System website constitute the entire agreement between you and Swaine Learning Systems and govern your use of the service.
21. Choice of Law and Forum The laws of the State of Florida will govern this agreement. All claims arising out of or relating to this Agreement will be litigated exclusively in the federal or state courts of Highlands County, Florida and you consent to personal jurisdiction in those courts. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of, or in any way connected with, these terms and conditions and agree to submit to binding arbitration.