Mobile App Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Preschool University (“we,” “us” or “our”), concerning your access to and use of the PreschoolU.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND PRESCHOOL UNIVERSITY APPS YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site and Preschool University apps after the date such revised Terms are posted.
The information provided on the Site or on any Preschool University apps is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use Preschool University, you are granted a limited license to access and use the Site and any Preschool University apps and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.
The material in all Preschool University apps are provided for educational and informational purposes only, and does not constitute medical advice, nor is it intended to be a substitute for a health care provider’s consultation. Do not cease use of any prescribed medications or otherwise alter any existing treatment program without first consulting your own physician or health care provider. Discontinue use of any app program, exercise, game, training mentioned on this site or in any of the Preschool University apps if you feel any medical symptoms. You should consult with your health care provider about the applicability or use of any of the programs, exercises, games, training, opinions or recommendations expressed with respect to your own individual conditions and/or symptoms before adopting the same.
The trademarks, logos and services marks displayed in the Preschool University apps are trademarks or registered trademarks of Preschool University (“Trademarks”). Other trademarks may appear with third-party products, graphics or information. These are trademarks of their respective companies, organizations or institutions.
Nothing contained in the Preschool University apps grants you or any other party the right or license to use the Trademarked items displayed in any Preschool University apps without the prior express written permission of PSU. The Trademarks may be used publicly only with written permission of PSU; misuse of the Trademarks is strictly prohibited, and may result in civil and/or criminal penalties.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use any Preschool University apps for any purpose other than that for which we make Preschool University apps available. Preschool University apps may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of any Preschool University apps, you agree not to:
- Systematically retrieve data or other content from the Site or Preschool University apps, or to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Preschool University apps, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on any Preschool University apps.
- Use any Preschool University apps, to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Preschool University apps,, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, Preschool University apps, and/or the Content contained therein.
- Engage in unauthorized framing of or linking to Preschool University apps.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from Preschool University apps, in order to harass, abuse, or harm another person.
- Use Preschool University apps, as part of any effort to compete with us or otherwise use the Preschool University apps, and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of any Preschool University apps,
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Preschool University apps to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Preschool University apps.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Preschool University apps, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or any Preschool University apps.
- Use Preschool University apps, in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
MOBILE APPLICATION LICENSE
APPLE AND ANDROID DEVICES
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or any Preschool University apps (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through Preschool University apps infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site or Preschool University apps infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Preschool University apps are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Preschool University apps at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Preschool University apps. We also reserve the right to modify or discontinue all or part of Preschool University apps without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
Option 2: Informal Negotiations
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Nevada County, CA. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site or any Preschool University apps be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 2/Option 3: Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site or in Preschool University apps that contains typographical errors, inaccuracies, or omissions that may relate to the Site or Preschool University apps, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
PRESCHOOL UNIVERSITY APPS are PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF PRESCHOOL UNIVERSITY APPS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ANY PRESCHOOL UNIVERSITY APPS OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PRESCHOOL UNIVERSITY APPS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR ANY PRESCHOOL UNIVERSITY APPS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR ANY PRESCHOOL UNIVERSITY APPS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE,, ANY PRESCHOOL UNIVERSITY APPS ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY PRESCHOOL UNIVERSITY APPS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 12-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site or using Preschool University apps for sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site or through any Preschool University apps, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Copyright and Trademark Notices:
Copyright © Preschool University. All rights reserved. Nothing contained on this site should be construed as granting by any means, whether express or implied, any license or right to copy, reproduce, publish, distribute, sell, redistribute, modify, transmit, upload, create derivative works from, perform or otherwise use any of the content from this site, or any portion thereof, without the prior express written consent of Preschool University. All materials on this web site are copyrighted and protected under US copyright laws. The copying, distribution, use or posting of the content without permission is strictly prohibited, shall constitute copyright infringement, and may result in civil and/or criminal penalties.
Online Terms and Conditions:
PSU may revise and update this Agreement at anytime. Please periodically review the Agreement’s terms and conditions posted at the Site because your continued usage of the Site will mean that you have accepted those changes.
Section 1. General Disclaimer; No Medical Advice.
THE CONTENT ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. DISCONTINUE USE OF ANY PROGRAM, EXERCISE, GAME, TRAINING MENTIONED ON THIS SITE IF YOU FEEL ANY MEDICAL SYMPTOMS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, MEDICATION, WELLNESS OR EDUCATIONAL PROGRAM, GAME, EXERCISE, TRAINING, SYMPTOMS, MEDICAL DIAGNOSIS, TREATMENT. NEITHER THE CONTENT NOR ANY OTHER PRODUCT OR SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU ACCESSED ON THIS SITE.
Section 2. Use of Content; Copyright.
Upon acceptance of the terms and conditions set forth herein, PSU authorizes you to view the material on this Site solely for your personal, noncommercial use.
The contents of the Site, such as text, graphics, images and other material, including software licensed by PSU to permit access to the Site (“Content”), (with the exception of material copyrighted by other companies and so labeled) are protected by copyright under the United States, and title to the Content shall not pass to you or any other user. Unauthorized use of the Content may violate copyright, trademark, and other laws. No portion of the Content may be reverse-engineered, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, recordation or otherwise), resold or redistributed without the prior written consent of PSU, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains the appropriate copyright notice, as follows:
Copyright © Preschool University. All rights reserved.
You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited. Content is subject to change without notice at the editorial discretion of PSU. If you violate any of the terms and conditions of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Section 3. Company’s Liability; Disclaimer of Consequential Damages.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH USE OF AND ACCESS TO THE SITE, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF PSU. ACCORDINGLY, PSU ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PSU, TO THE FULLEST EXTENT PERMITTED BY LAW, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. PSU MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, OR LINKS PROVIDED ON OR THROUGH THE USE OF THE SITE. iLF DOES NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON THE SITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. IN NO EVENT SHALL PSU OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PSU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PSU SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED US$500.00 (FIVE HUNDRED DOLLARS, U.S.). REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Section 4. Links to Other Sites.
The Site contains links to third party web sites, and third parties may provide links, either authorized or unauthorized, to the Site. Any links on the Site are provided solely as a convenience to you and not as an endorsement by PSU of the content on such third-party web sites, or any association with its operators. PSU is not responsible for the content of linked third-party sites, including without limitation any link contained in a linked site, or any changes or updates to a linked site, and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party web sites is subject to the Terms and Conditions of use for such sites.
Section 5. Advertisements.
The Site contains advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, PSU does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
Section 6. Indemnity.
You agree to defend, indemnify and hold PSU, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content in a manner that violates or is alleged to violate the terms and conditions of this Agreement. PSU shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Section 7. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the contents of the Site to countries or persons prohibited under the export control laws. By downloading any portion of the contents of the Site, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).
PSU makes no claims the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Section 8. Severability.
If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect. No waiver of any of the terms and conditions herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section 9. Jurisdiction.
This Agreement is governed by the laws of the State of Minnesota, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with PSU, or in any way relating to your use of the Site, resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the federal and state courts of the State of Minnesota in connection with any such dispute including any claim involving the Site or PSU, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Section 10. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A PARTICULAR “LEGAL NOTICE” ON THE SITE, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND PSU WITH RESPECT TO THE USE OF THE SITE AND ANY SOFTWARE AND CONTENT CONTAINED THEREIN.
Thank you for observing these terms and conditions while using the Site. Comments, questions or suggestions regarding this Site and/or the Content should be directed by electronic mail to: firstname.lastname@example.org.
Linking to the Site by Third Parties:
Preschool University welcomes linking to this site; however, please follow proper guidelines in creating your links. The URL for our web site is: https://preschoolu.com.
If you plan on linking to individual articles, please keep in mind that the Site may be reorganized from time to time, and articles may be removed from the Site, or simply moved. We therefore advise that you link to our main menu page, which contains links to all articles on our site, by using the link noted above.
The material in all articles on the Site are provided for educational and informational purposes only, and does not constitute medical advice, nor is it intended to be a substitute for a health care provider’s consultation. Do not cease use of any prescribed medications or otherwise alter any existing treatment program without first consulting your own physician or health care provider. Discontinue use of any program, exercise, game, training mentioned on this site if you feel any medical symptoms. You should consult with your health care provider about the applicability or use of any of the programs, exercises, games, training, opinions or recommendations expressed with respect to your own individual conditions and/or symptoms before adopting the same.
The trademarks, logos and services marks displayed on this web site are trademarks or registered trademarks of Preschool University (“Trademarks”). Other trademarks may appear with third-party products, graphics or information. These are trademarks of their respective companies, organizations or institutions.
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