Homeschool Coupons' Legal Terms & Conditions
A. General Provisions
B. End User Terms and Conditions
C. Privacy Policy
D. Third Party Notices
By using or allowing others to use the software, materials, interactive features, and website associated with Homeschool Coupons ("Website"), you (the "User") are agreeing to be bound by these legal terms and conditions ("Agreement"). Any person interacting with the Website in any way, including but not limited to students, teachers, administrators, and parents, are Users for the purposes of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use this Website. If you are dissatisfied with this Website, any Website content, or the terms and conditions of this Agreement, you agree that your sole and exclusive remedy is to discontinue your use of this Website. You acknowledge and accept that your use of this Website is at your sole risk. You represent you have the legal capacity and authority to accept these Legal Terms and Conditions on behalf of yourself or any party you represent. Certain terms of this Agreement may not apply to your use of the Website however all applicable terms are nonetheless binding. Glynlyon, Inc. and its affiliates (collectively ,"Glynlyon"), owner of Homeschool Coupons and the Website, reserves the right to change or terminate the terms of this Agreement at any time and from time to time without any notice to you by posting said changes on the Homeschool Coupons Website. Any such changes are hereby incorporated into this Agreement by reference as though fully set forth herein.
A. General Provisions
1. Indemnification. You, the User of this Website, agree to indemnify and hold Glynlyon, its subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys' fees, arising out of this Agreement or in connection with any use of the Website including but not limited to any damages, losses, or liabilities whatsoever with respect to damage to any property or loss of any data arising from the possession, use, or operation of the Website by the User or any customers, users, students, or others, or arising from transmission of information or the lack thereof connected with the Website described in this Agreement.
2. Termination. This Agreement shall remain in effect until terminated. This Agreement may be terminated at Glynlyon's sole discretion and without prior notice, by mutual written agreement between the parties, but not by the User. Glynlyon may suspend, terminate, or delete your access to the Website without prior notice and in Glynlyon's sole discretion and Glynlyon shall not be liable for any such suspension, termination, or deletion or its effects, including but not limited to interruption of business or education, loss of data or property, property damage, or any other hardship, losses, or damages. Glynlyon may unilaterally and without notice terminate this Agreement and/or your access to the Website if you or any other person or entity using the Website violates any provision of this Agreement. Glynlyon shall not be liable to you or to any third party for any termination. Upon termination you or any other person or party using the Website shall cease to use the Website at your sole cost and expense.
3. Updates. At its option, from time to time, Glynlyon may create updated versions of the Website and may make such updates available to you either for a fee or for free. Unless explicitly stated otherwise, any such updates will be subject to the terms of this Agreement including any amendments to this Agreement, to be determined in Glynlyon's sole discretion.
4. Proprietary Materials. All content available through the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement ("Site Content"), as well as all software and materials contained in or related to the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You hereby agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content or materials. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of Website materials is prohibited except as provided for herein. Use of Website content or materials for any purpose not expressly provided for herein is prohibited.
5. Disclaimer of Warranty. The Website is provided "as is", with all faults and without warranty of any kind. Glynlyon hereby disclaims all warranties with respect to the WEBSITE, either express, implied, or statutory, including but not limited to the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Glynlyon does not warrant, guarantee, or make any representations THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS, THAT THe WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You assume the entire risk as to the quality, results, and performance of the Website as well as the entire risk and cost of all service, repair, or correction. No oral or written information, advice, suggestions, or recommendations given by Glynlyon, its representatives, dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this Agreement and you may not rely on any such information, advice, suggestions, or recommendations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions and limitations may not apply to you.
6. Limitation of Liability. You hereby agree that Glynlyon, its subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Website, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Website; and even if Glynlyon has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you.
7. Severability. If any provision of this Agreement is held to be ineffective, unenforceable, or illegal for any reason, Glynlyon may reform such provision to the extent necessary to make it effective, enforceable, and legal or such provision may be deemed severed and in either case this Agreement with such provision reformed or severed shall remain in full force and effect to the fullest extent permitted by law.
8. Controlling Law and Controversies. This Agreement shall be governed by the laws of the State of Arizona and of the United States. You understand and agree that use of the Website may involve interstate data transmissions which may be considered a transaction in interstate commerce under federal law. If any controversy or claim arising out of or relating to this Agreement cannot be solved by negotiation between the parties, the parties hereby agree to attempt in good faith to settle the dispute through mediation administered by a mutually agreed upon mediator in Phoenix, Arizona and in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries. If mediation fails to resolve the dispute, the parties hereby agree that the dispute shall be settled through arbitration administered by a mutually agreed upon arbitrator in Phoenix, Arizona and in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction.
9. Entire Agreement. This Agreement constitutes the entire agreement between Glynlyon and the User relating to the subject matter hereof and supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. No modification, amendment, waiver, termination, or discharge of any portion of this Agreement shall be binding unless executed and confirmed in writing by Glynlyon.
B. End User Terms and Conditions
1. Ownership. This Website and all associated materials provided by Glynlyon are the property of Glynlyon. The Website is licensed, not sold, to you under the terms of this Agreement. Glynlyon does not sell any title, ownership right, or interest in or to the Website. By using this Website, you are agreeing only to a non-exclusive, nontransferable license to use, according to the terms of this Agreement, the Website and any software programs or other proprietary material of third parties that are incorporated into the Website. Glynlyon reserves and retains all right, title, and interest (including but not limited to copyrights, patents, trademarks, and service marks and other intellectual property rights) in and to the Website and all associated materials. Any remuneration paid for this product constitutes a license fee for the use of the Website.
2. Use.
a) You must be at least 18 years of age to use the Website. Any use by any person under 18 is strictly prohibited and Glynlyon is not liable or responsible for any results, effects, or outcomes of such unauthorized use.
b) The copying, reproduction, duplication, translation, reverse engineering, adaptation, decompilation, disassembly, reverse assembly, modification, or alteration of the Website or any portion thereof is expressly prohibited without the prior written consent of Glynlyon except as provided for herein. The merger or inclusion of the Website or any portion thereof with any computer program, and the creation of derivative works or programs from the Website or any portion thereof, is also expressly prohibited without the prior written consent of Glynlyon.
c) Requests for permission to reproduce, duplicate, adapt, or otherwise exploit any portion of the Website should be submitted in writing to the Glynlyon address listed at the bottom of this notice. Any permissions granted shall be in the sole and exclusive discretion of Glynlyon.
d) Neither the Website nor any part thereof may be rented, leased, sold, assigned, transferred, re-licensed, sub-licensed, or conveyed for any purpose. Any attempted rental, lease, sale, assignment, transfer, re-license, sub-license, conveyance, gift, or other disposition of the Website in violation of this Agreement is null and void. Any act or failure to prevent an act in violation of this Agreement may result in civil and/or criminal prosecution.
e) Programs or software developed and/or owned by entities other than Glynlyon and included with or incorporated into the Website ("Third Party Software") is subject to and its use is governed by this Agreement. The use of Third Party Software except as for any purpose other than its intended use in conjunction with the Website is prohibited.
3. Registration and Identifying Information. You hereby represent and warrant that any and all information provided by you to Glynlyon shall be complete, true, accurate, and current in all respects and that you shall update any changes to information as soon as such changes occur. When providing any identifying information about students or minors, you hereby guarantee that you are authorized to provide such information and that you have read and agreed to the terms of the Privacy Policy included in this Agreement and associated with this Website.
4. Third Party Sites and Content. The Website may contain (or may send you through or to) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Glynlyon does not check such Third Party Sites and Third Party Content for accuracy, appropriateness, or completeness and Glynlyon is not responsible for any Third Party Sites accessed through use of the Website or for any Third Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Glynlyon. Any companies, corporations, or other entities represented on the Website are not necessarily affiliated with Glynlyon and Glynlyon makes no representations, guarantees, or warranties about any such entities, their business practices, functions, or policies. Although some computers may employ filtering software to prevent access to certain Third Party Sites, Glynlyon shall have no responsibility or liability whatsoever for any Third Party Sites or Third Party Content accessed through use of the Website.
5. User Conduct. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise created, used, posted, transmitted, or shared by you or others through you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to use the Website to:
a) use the Website in any unlawful or unauthorized manner or in any other manner that could damage, disable, overburden, or impair the Website or the intellectual property rights owned or licensed by Glynlyon as described elsewhere herein;
b) upload, post, transmit, share, store, or otherwise make available any content that Glynlyon deems harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
c) misrepresent yourself, your age, or your affiliation with any person or entity;
d) use or attempt to use another's account, service, or system or create a false identity on the Website;
e) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
f) upload, post, transmit, share, store, or otherwise make available content that infringes any proprietary rights of any party or defames, slanders, or libels any party, or otherwise violates any law of the United States or the jurisdiction in which you reside;
g) upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Glynlyon, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Glynlyon or its users to any harm or liability of any type.
6. User Content. You are solely responsible for the profiles (including any name, image, or likeness), messages, notes, text, information, listings, and other content that you upload, publish, or display on or through the Website ("User Content"). Posting, transmitting, or sharing User Content through the Website that you did not create, that you do not have the rights to, or that you do not have permission to post is prohibited. You understand and agree that Glynlyon may, but is not obligated to, review and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in Glynlyon's sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Glynlyon. When you post User Content, you authorize and direct Glynlyon to make such copies thereof as Glynlyon deems necessary in order to facilitate the posting, storage, and use of the User Content. By posting User Content through any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Glynlyon an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
C. Privacy Policy
Glynlyon institutes the terms of this privacy policy ("Privacy Policy") to ensure that Users' personally identifiable information ("PII") is maintained in a safe, secure, and responsible manner. The following describes how Glynlyon collects, uses, and shares the PII obtained from and about individuals who use the Website. This policy does not apply to information that Glynlyon may collect outside the use of the Website, such as over the phone, by fax, or through conventional mail.
1. Information Collected.
Glynlyon may collect PII for purposes of improving the content of the Website and Glynlyon services or for any other commercial purpose. The only PII collected from you has been voluntarily submitted and provided to Glynlyon through your use of the Website, in response to surveys, or in response to other requests for information.
The types of information that Glynlyon may collect include but are not limited to: name, address, email address, phone number, services requested, password, and background information.
2. Glynlyon Rights.
a) Glynlyon reserves the right to use "cookies" to personalize the online experience.
b) Glynlyon reserves the right to collect and log non-personal information related to your use of the Website.
c) Glynlyon reserves the right to share PII with affiliated companies and third parties. By using the Website, you give Glynlyon permission to share PII with advertisers, marketers, retailers, service providers, and any other third party at Glynlyon's sole discretion. You can request that your PII not be shared with independent third parties by making a request in writing to the address listed below.
d) Glynlyon reserves the right to contact you for any reason related to the Website in Glynlyon's sole discretion and without any opt-out option.
e) Glynlyon reserves the right to disclose PII if required to do so by law or under the belief that such action is necessary to (i) comply with the law or with a legal process, (ii) protect against misuse or unauthorized use of the Website, (iii) enforce the terms of this Agreement, or (iv) protect the personal safety or property of other users, the public, or Glynlyon employees.
3. Third Party Web Sites. This Privacy Policy applies only to the Website and not to the websites of partners, affiliates, or Third Party Sites. You may be required to accept additional policies prior to your use of links accessed through the Website. Glynlyon is not responsible for the privacy policies of partners, affiliates, or Third Party Sites.
4. Third Party Servers. Certain information stored or transmitted by Glynlyon hereunder, including PII, may be stored, managed, or otherwise handled by third parties. You understand and agree that Glynlyon is not liable, accountable, or otherwise responsible for information communicated to or through third party servers and you hereby release Glynlyon from any associated liability or responsibility consistent with the indemnifications, liability limitations, and Privacy Policy included herein.
5. User Generated Content. You submit information to the Website at your own risk. User generated content posted to the Website is the sole and exclusive responsibility of the User and Glynlyon has no responsibility or liability for or association or involvement with such content. Glynlyon may but is not obligated to monitor the Website but Glynlyon cannot and will not guarantee the safety or security of any User generated content nor does Glynlyon offer any assurances that User generated content will be transmitted to the Website accurately or in its entirety.
6. Access and Corrections to PII and Opting Out of Further Communications. Use the contact information below to request:
a) Corrections or updates of any PII in Glynlyon's database that you believe to be erroneous;
b) An opt-out of future communications from Glynlyon; or
c) Glynlyon to make reasonable efforts to remove PII from its online database. You acknowledge and accept that it may be impossible to delete personal information entirely because of backups and records of deletions.
d) You may access or correct your PII or opt out of further communications by writing to:
Glynlyon, Inc.
Attn: Legal Department
300 North McKemy Ave.
Chandler, AZ 85226
7. Changes in Corporate Structure. If all or part of Glynlyon or any of its affiliates are sold, merged, or otherwise transferred to another entity, the PII provided through use of the Website may be transferred as part of that transaction or process.
8. Contact. If you have any questions regarding this Privacy Policy, please contact:
Glynlyon, Inc.
Attn: Legal Department
300 North McKemy Ave.
Chandler, AZ 85226
D. Third Party Notices
The Website may incorporate or have been created with the use of and in conjunction with Third Party Software. This Third Party Software may only be used in conjunction with the Website and you may not use this Third Party Software for any other purpose or with any other product or service at any time or for any reason.
Glynlyon and its logo are registered trademarks of Alpha Omega Publications, Inc. All trademarks that appear in this product are the property of their respective owners. All rights reserved.
® 2009 Glynlyon, Inc.
All rights reserved.
