1. LIMITATIONS ON USE.
2. USER CONDUCT.
You understand that all information, recordings, data, text, and other materials are the sole responsibility of the person from whom such information, recordings, data, text, or materials originated. This means that you, and not Learning by Giving, are entirely responsible for all information, recordings, data, text, and other materials that you upload, e-mail, transmit, or otherwise make available via the Site. You agree that you will not upload any information, recordings, data, text or other materials to the Site unless you are authorized to do so. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or without our prior express written consent. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
3. DISCLAIMER OF WARRANTIES AND LIABILITY.
Due to the number of sources from which the Course Materials are obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the Course Materials and the Site. THE COURSE MATERIALS AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. LEARNING BY GIVING AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE COURSE MATERIALS AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND LEARNING BY GIVING HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER LEARNING BY GIVING NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY COURSE MATERIALS ON THE SITE. IN NO EVENT WILL LEARNING BY GIVING, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH COURSE MATERIALS OR THE SITE. LEARNING BY GIVING AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES (NOT TO EXCEED US $1,000.00), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. LINKS TO THIRD PARTY SITES.
This Site may contain hyperlinks to sites operated by persons other Learning by Giving. Such hyperlinks are provided for your reference and convenience only. You agree not to hold Learning by Giving responsible for the content or operation of such sites. A hyperlink from this Site to another site does not imply or mean that Learning by Giving endorses the content on that site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other sites to which you might link from this Site.
7. SUBMISSIONS VIA EMAIL.
If you submit any business information, idea, concept or invention to Learning by Giving by e-mail, you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – Learning by Giving a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Learning by Giving may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Learning by Giving by email.
In connection with your use of the Site, we may collect “Non-Personal Information” (i.e., information that cannot be used to identify you). Non-Personal Information includes information such as the web pages that you have viewed.
When users come to our Site, we may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We may also collect information from the URLs from which you linked to our Site. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Site. Although such information is not personally identifiable, we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.
What are cookies and web beacons?
Essentially, cookies are a user’s identification card for the Learning by Giving servers. Web beacons are small graphic files linked to our servers that allow us to track your use of our Site and related functionalities. Cookies and web beacons allow Learning by Giving to serve you better and more efficiently, and to personalize your experience at our Site. Cookies and web beacons are not used to retain personally identifiable information. From time to time we may also use additional typical methods of collecting data.
What cookies does Learning by Giving use?
How can I block or delete cookies?
Most common web browsers today allow you to modify your settings to block cookies entirely, alert you every time they are being sent, or allow their use by only those websites you approve. You can also delete cookies that are currently stored on your computer’s hard drive. To do this, look for the Cookie control settings in your web browser (usually under Tools, Options/Internet Options, Privacy/Security tab) and then make your desired selections.
How can I opt out of certain cookies?
You may opt out of Google’s use of certain cookies by visiting the Google advertising opt out page at http://www.google.com/privacy/ads/.
Uses of Non-Personal Information. We use Non-Personal Information in aggregate form to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Site. We may also use it for other business purposes.
9. GOVERNING LAW AND JURISDICTION.
This Site is owned and operated by Learning by Giving from its offices in Massachusetts. Your use of this Site, and any related legal action, shall be governed by the laws of The Commonwealth of Massachusetts, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Site shall be an appropriate federal or state court located in The Commonwealth of Massachusetts.
11. ADDITIONAL LEGAL TERMS.
All rights not expressly granted herein are hereby reserved.
The Site is neither designed nor intended to collect personal information from children under the age of thirteen. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of thirteen should not provide any information on this Site.
13. CONTACT US:
©2013 Learning by Giving Foundation, Inc. All rights reserved.