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As updated from time to time as provided for herein, this Agreement governs Your access to and use of the Site. You should carefully read this Agreement. Your use of the Site means that You have read and understand the Agreement, and that You have entered into a binding legal agreement with Company (as defined below). If You do not accept and agree to be bound by all of the terms of the Agreement, You should not use or otherwise discontinue Your use of the Site. If You are using the Site on behalf of Your employer or any other individual or entity, You represent and warrant that You have the authority to bind such employer, other individual or entity.
a. “Co-brand” or “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site.
b. “Company” means ILG, as identified above, and any and all related entities (e.g., affiliates and subsidiaries), and their respective members, officers, directors, employees, affiliates, agents, attorneys, licensors and representatives.
c. “Content” means, without limitation, text, graphics, photos, illustrations, images, characters, logos, button icons, clip art, audio clips, digital downloads, data compilations, software and software hyperlinks, video, music, or other audio clips, and any other information or materials that are accessible from the Site (e.g., that may be contained in, displayed on, downloaded from, or uploaded to the Site).
d. “Interactive Services” means interactive features of Site (as defined below), such as the comment section of a blog post, that allow a User (as defined below) to Post (as defined below) User Contributions (defined below) on or through the Site.
e. “Post or Posted” means to submit, publish, display or transmit Content via the Interactive Services provided via the Site.
f. Site” includes the Site, all other Company owned or operated websites or sites, and all subsequent pages made available by or through the Site and such other Company websites. Please note, however, that the Site may contain links to third party websites or sites as discussed in more detail below. Once such a third-party link has been accessed, a User is no longer accessing the Site.
g. “User” means a person who uses, or who has registered to use, the Site.
h.“User Contribution” means any Content that is Posted by a User.
i. “You” and “Your” means You, an individual user entering into the Agreement, or the individual or entity on whose behalf You enter into the Agreement and encompasses all principal(s) or officers(s), partners, shareholders, officers, directors, employees, or authorized representatives thereof.
2. YOUR USE OF THE SITE. The Site includes Content and other original works of authorship (including, but not limited to, derivative works based on graphical scans or typed text of public domain materials) that are both proprietary and intellectual properties of the Company and are protected by both the terms of the Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, trade secret, and right to privacy or publicity laws.
a. Copyright. All Content included on the Site is the property of the Company and is protected by United States and international copyright laws. The compilation of all Content on the Site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of the Company or its licensors and is protected by United States and international copyright laws. The respective owners and licensees of any copyrights included in the Site retain and reserve all of their rights related to such copyrights.
b. Trademark. The Site may include various registered or unregistered trademarks or service marks of the Company or its respective licensors. The respective owners and licensees of any marks included in the Site retain and reserve all of their rights related to such marks.
c. Patent. One or more patents may apply to the Site and to the features, products, and services accessible therein.
d. Trade Secret. The Site may contain software or other information that is confidential and proprietary to the Company, and/or protected by the trade secret laws of the individual states of the United States and of foreign countries. As part of the Company’s efforts to maintain the secrecy of such information, You are prohibited from decompiling, reverse engineering and/or disassembling any portion or the whole of the Site.
e. Rights to Privacy or Publicity. Using a broad definition, these legal concepts apply to the right of every individual to control any commercial use of his or her name, image, likeness, or some other aspect of identity, limited under (United States Federal law) by the First Amendment. An individual further has a qualified legal right to reasonable privacy in not having his or her private affairs made known or his or her likeness exhibited to the public having regard to habits, mode of living, and profession. These legal concepts are applied differently depending on the jurisdiction, but You should be cognizant and careful of an individual’s rights to privacy or publicity.
3. Through the Site, Company may make available to You certain Content or services. Company and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to You herein, You neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
4. The Company grants to You a personal, limited, revocable, non-exclusive and non-transferable license to:
a.Use the Site as provided herein, until the Agreement is terminated;
b.Access, load, store and operate the Site with browser software;
c.Access, view, download, print, use, display and upload Content for use as provided herein;
d.Display, download and print portions of the Site for non-commercial purposes or as necessary to investigate and/or purchase services from Company, subject to the limitations in the Agreement.
5. Notwithstanding Section 4 above, You shall NOT:
a. Remove, modify, hide, destroy, obscure or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on or within the Site, component thereof or output therefrom, including, but not limited to, any and all copyright, trademark and patent designations, if any, contained on or within the Site;
b. Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Site to any third parties;
c. Except as otherwise provided herein, use the Site for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the Site, except that if You are permitted to upload or post Content in a manner that is otherwise consistent with the Agreement;
d. For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the Site or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;
e. Store the accessed, used, or downloaded Site in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days;
f. Assign, rent, lend, lease, sell, redistribute, republish, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components or create derivative works of the Site;
g. Co-brand the Site, or “frame” or “mirror” the Site on any other server or Internet-based device or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of the Company. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
6. You agree not to use the Site to engage in any prohibited conduct. In general, prohibited conduct is any conduct that would be a criminal, civil or administrative violation of any applicable local, state, federal or international law, treaty, court order, ordinance, regulation or administrative rule. Prohibited conduct is also any conduct that is infringing, tortious or that is harmful to the Company or any other party or property; that violates another party’s intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any Company service, system or other property including the Site. Prohibited conduct includes, without limitation, using the Site to (i) intercept, divert or otherwise interfere with any communication; (ii) violate the security or integrity of, or gain unauthorized access to, the Site or any other service, system or communication; (iii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iv) send unsolicited or unauthorized advertising, promotional materials, junk mail, “spam,” chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (v) create a “mail drop” for such communications, or engage or permit email relay services; (vi) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting one’s identity or affiliation in any way or forge, delete or alter any part of TCP/IP packet header or sender identification in any communication; (vii) commit fraud; (viii) harass or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (ix) disseminate viruses, Trojan horses, worms, time bombs or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or information; (x) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (xi) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability; (xii) send or receive material containing defamatory, false or libelous material; (xiii) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity; (xiv) send or receive any material that You do not have a right to make available under law or contractual or fiduciary relationships; (xv) engage in conduct that would expose the Company to civil or criminal liability; (xvi) use the Site for purposes of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (xvii) to send, knowingly receive, upload, download, use or re-use material that does not comply with the Agreement; (xviii) to send, knowingly receive, upload, download, use or re-use material that does not comply with the Agreement; (xix) use the Site in a manner that interferes with another party’s use or enjoyment of the Site; (xx) assist others in engaging in prohibited conduct. This list is not intended to be exhaustive.
7. Site Access. To access the Site or some of the resources it offers, you may be asked to provide certain personal information or create an account, as discussed below.
a.Where available, when You set up an account with the Company through the Site (the “Account”), You are required to enter a valid email address, a username and a password.
b.Should Company suspect that information provided by a User is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your usage of the Site. Company is entitled to rely on the information You provide and You will be responsible for updating this information to maintain it as current. Accounts are non-transferable.
c.Each User who uses such username and password will be deemed to be authorized to access and use Site and the Company has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE AND APPLICATION BY ANYONE USING YOUR USERNAME AND PASSWORD WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE AND APPLICATION IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL USER CONTRIBUTIONS, CONTENT, UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of Your username and password. You shall immediately notify the Company of any unauthorized use of Your username and password, or any other breach or threatened breach of the Company Site’s security.
8. User Contributions
b. You agree that the Company is free to reproduce, modify, perform, display, distribute or otherwise use without restriction and without compensation to You, any ideas, concepts, know-how, suggestions, or techniques contained in any User Contributions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information. The Company has no obligation to respond to any User Contributions. You represent and warrant that You own or control all rights in and to the User Contributions. You agree that the User Contributions submitted by You to the Site will not violate the terms of the Agreement or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
c. Company may use any actions performed on the Site and User Contributions to improve the Site, the use including, but not being limited to, collection, storage, display, aggregation, summarization, and any other processing of the posted Content or performed actions.
d. You acknowledge that Company does not screen, edit or review User Contributions in the normal course of its business prior to the appearance of those User Contributions on the Site. To the fullest extent permitted by applicable law, Company disclaims all responsibility and liability for User Contributions and for any losses, damages, or expenses resulting from their use and/or appearance on the Site. Notwithstanding the foregoing, Company reserves the right to monitor all User Contributions and to remove without liability any User Contributions in its sole discretion. If You discover User Contributions on the Site that are offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of the Agreement, You may provide Company with notice of such Comments at webmaster@innovativeLG.com.
e. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and You, not Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Company is not liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Site.
9. United States Digital Millennium Copyright ("DMCA") Notices.
If You believe that Content that You own has been copied in a way that constitutes copyright infringement, please send written notification to our Designated Agent (identified below). Your written notification must include the following:
DMCA notices and counter-notices must be provided in writing to the following DMCA Agent:
Innovative Learning Group
1130 Coolidge Highway
Troy, Michigan 48084
With an electronic copy to: webmaster@innovativeLG.com
You should only send notices of potential copyright infringement to our Designated Agent. For all other inquiries (e.g., requests for technical assistance or customer service, reports of email abuse, and piracy reports), please contact us by way of webmaster@innovativeLG.com
Under the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or that the material or activity was removed by mistake may be subject to liability.
a. We have the right to modify this Agreement and any other Agreement or policy referenced in the Site, or linked to the Site, at any time. No advance notice is required for any such modification. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy to any dissatisfaction with any modifications is to cease use of the Site as provided for above.
b. We have the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site without notice. We may also impose limits on certain features and services or restrict Your access to parts or all of the Site without notice or liability. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to the Site or parts thereof.
c. In addition to our right to make modifications to the Site as set forth above, the Company reserves the right, for any reason or no reason at all, and in its sole discretion, to modify or remove any Content You have provided to the Site.
12. Links to and from other websites. The Site may contain links to other websites, and other websites may contain links to the Site, such websites not being owned by, or under the direct control of, the Company (“Linked Websites”). These sites are external and not hosted by Company. The Linked Websites are not under the control of the Company, and the Company does not endorse, is not affiliated with, and is not responsible for, any Linked Websites, including the functionality of the links to or from, Content or applications provided by or through, or privacy policies or other agreements included in, a Linked Website. Company has not taken any steps to confirm the accuracy or reliability of any of the information contained in any Linked Websites. The Company is not responsible for licensing to You any Content or application provided by or through a Linked Website, and Your use of Content or application(s) provided by or through Linked Websites is governed solely by Your agreement, if any, with the owner and/or provider of the Linked Website. Your use Linked Websites, and links to and from any third-party website, at Your sole risk and subject to the terms and conditions of use of such Linked Websites. For example, the Company is not responsible for, without limitation, any incorrect data, errors in computation, improper transmission of data, or a security breach resulting from Your use of a Linked Website or a link to or from a Linked Website. The Company provides links to You only as a convenience, and You hereby irrevocably waive any claim against Company with respect to all Linked Websites.
13. Warranties, Disclaimers and Limitations on Liability.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE SITE, INCLUDING THE SERVERS ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION WILL NOT BE DISCLOSED, OR (D) INFORMATION PROVIDED IN THE SITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE. YOU ACKNOWLEDGE THAT THE COMPANY PROVIDES LISTINGS AND LINKS FOR THIRD PARTY CONTENT; THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING SUCH THIRD-PARTY CONTENT, INCLUDING THE QUALITY OR QUANTITY OF SUCH THIRD-PARTY CONTENT LISTED OR LINKED TO ON OR FROM THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Company shall not be liable for any damages to Your computer equipment or other property on account of Your access to, use of, or browsing in the Site or Your downloading of any Content from the Site, whether through infection by a virus or otherwise.
EXCEPT AS OTHERWISE PROVIDED HEREIN, USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR INFORMATION. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OR DELIBERATE ACTION OF THE COMPANY. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEYS’ FEES, DAMAGES FOR LOSS OF PROFITS OR LOSS OF BUSINESS, LOST DATA, DAMAGE CAUSED TO YOUR HARDWARE OR SOFTWARE, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY ARISING OUT OF OR RELATED TO THE SITE OR THE CONTENT, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE IS TO STOP USING THE SITE, CONTENT, PRODUCTS AND/OR SERVICES AND, IF YOU HAVE CREATED AN ACCOUNT, TO CANCEL YOUR ACCOUNT. IN NO EVENT SHALL THE COMPANY’S LIABILITY TO YOU ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR A PARTICULAR PRODUCT OR SERVICE, IF ANY.
14. Your Representations & Warranties. You represent, warrant and covenant that:
a. You are at least 18 years old or older. The Site is intended only for those ages 18 or older. If You are under 18, You may not register or submit personally identifiable information on, to or through the Site. Company does not collect personally identifiable information from any person it knows to be under 18.
b. You are entering the Agreement with a sound mind and not under duress or emotional distress.
c. Any information that You have or shall provide to the Company through the Site is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information. You shall not represent that You are anyone other than Yourself. You shall not impersonate any other individual or entity.
d. You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the Site and with respect to any Product or Service related thereto.
e. You shall not use the Site to infringe, misappropriate or violate any rights of the Company and/or any third party, including, but not limited to any User of the Site or any entity associated with or visiting the Site.
f. You shall comply at all times with the Agreement, including any modifications to the Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein.
g. You shall not upload any User Contributions or use any Content that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability; or containing defamatory, false or libelous material.
h. The unauthorized use of the trademarks (whether registered or not) or copyrighted material (e.g. designs) is illegal. You represent and warrant that You do not violate any rights whatsoever of any third party with respect to any uploaded User Contributions and its use by Company pursuant to any order You place. Thus, You are the owner or permitted licensee of any Content that You upload or provide to the Site, and have the complete right and ability to provide such Content to the Site according to the terms of the Agreement. This further means that such Content may be printed on or otherwise applied to the products ordered by You without violating any rights of any third party, including, but not limited to (i) any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity; and (ii) any right to make available under law or contractual or fiduciary relationships. Among other things, You thereby represent and warrant that You have the right to use, copy and distribute each and every trademark, service mark, trade name, logo, phrase, graphic, artwork, name, image, photograph, portrait, picture or illustration of anything that You upload to the Site.
i. The burden of compliance of this provision rests solely with You. You are wholly responsible for obtaining all proper permissions and licenses from third parties whose rights may be violated or infringed by the use of any material protected by any Intellectual property right or other proprietary right. The Company has no duty or responsibility whatsoever to determine whether You have complied with any of Your representations, warranties and covenants. As set forth below, You fully indemnify Company from assertions made by any third party related to Your failure to comply.
15. Indemnification. You agree to indemnify, defend, and hold the Company harmless for, from and against all liabilities, losses, claims, actions, expenses and damages (including attorneys’ fees and expenses including the cost of collection on any past due invoice) resulting from Your breach of this Agreement or use of the Site, including without limitation (1) any breach of foregoing representations and warranties, or (2) any actual or alleged infringement of a third party’s intellectual property rights. Without limiting the generality of the foregoing, You agree to indemnify, defend and hold Company harmless for, from and against any improper or illegal use of Your account, including the improper or illegal use of Your account by someone to whom You have given permission to use Your account. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the Company in the defense or in asserting counterclaims to any such claims and You shall continue to pay all costs, expenses and attorneys’ fees following the Company’s assumption of control (including, but not limited to the right to select counsel and to make all strategic decisions in any litigation or other proceeding related in any way to the foregoing) until the matter is resolved, as well as any resultant damages.
16. Term & Termination.
a. The Agreement shall continue until terminated by Company or until Your decision to terminate the Agreement. The Company reserves the right to terminate any User for any reason or for no reason, with or without cause. You understand that nothing in the Agreement confers any rights of access to the Site or any rights to data stored by or on behalf of the Company. You agree that You do not own any User account You may use to access the Site, nor do You own any data the Company stores on its servers (including without limitation any data representing or embodying any or all of Your Content). You understand that any and all Content You may have provided to the Company may be retained by the Company and may or may not be deleted upon termination of the Agreement with You.
b. Upon termination of the Agreement, You are required to IMMEDIATELY DISCONTINUE ALL ACCESS OR USE OF THE SITE. Moreover, upon termination of the Agreement, You are still bound by the provisions of the Agreement with respect to all of Your past activities and use of the Site.
d. EITHER YOU OR WE MAY TERMINATE THE AGREEMENT AT ANY TIME. YOU UNDERSTAND AND AGREE THAT TERMINATION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (1) ANY TERM OR CONDITION CONTAINED IN OR REFERENCED IN THE AGREEMENT; (2) ANY POLICY OR PRACTICE OF THE COMPANY; (3) ANY DISCLOSURE OR USE OF YOUR INFORMATION; AND (4) YOUR ABILITY TO ACCESS AND/OR USE THE SITE.
17. Severability. If any provision of the Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of the Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
18. Waiver. The waiver by the Company of a breach or default in any of the provisions of the Agreement by You shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission the Company’s part to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by You.
19. Notices. If to the Company, notice shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, seven (7) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, or (C) if by nationally recognized overnight courier service, upon such delivery. Notice to the Company should be sent to:
Innovative Learning Group
1130 Coolidge Highway
Troy, Michigan 48084
With an electronic copy to: webmaster@innovativeLG.com
If to You, notice shall be deemed given when an email is sent to the e-mail address You provide to the Company during the registration process, unless the Company is notified that the e-mail address is invalid. Any notice provided pursuant to the Agreement shall be in writing.
20. Governing Law and Jurisdiction Choice of Law. You agree that all matters relating to the Agreement and/or Your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Oakland County, Michigan, and waive any objection to such jurisdiction or venue.
21. Statute of Limitations. Any claim or cause of action arising out of or related to use of the Site or the Agreement must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action are forever barred.
22. Waiver of Jury Trial. You knowingly, voluntarily and intentionally waive any right You may have to a trial by jury with respect to any proceeding arising out of or in any way relating to the Site or the Agreement.
23. International Use. The Company controls the Site from its offices in the United States. The Company makes no representation that the Site or related information offered by the Company is appropriate or available in other locations. If You access the Site from locations outside of the US, You do so on Your own initiative and at Your own risk, and You are solely responsible for compliance with local laws, if and to the extent local laws are applicable
24. Assignment. The Company may assign the Agreement, in whole or in part, at any time without notice to You. Your rights hereunder are personal. You shall not assign or otherwise transfer the Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under the Agreement, and any such assignment, delegation or other transfer shall be void. The Agreement shall inure to the benefit of the Company’s successors, assigns and licensees. In the event that the Company may wish to assign or transfer Your personal information and its rights hereunder to a third party, You agree that the Company may do so, on the condition that such third party agree to abide by the Company's then current privacy and security policies.
25. Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
26. Entire Agreement. The Agreement constitutes the entire agreement between the parties with respect to Your use of the Site, and supersedes all prior agreements between the parties, whether written or oral, relating to Your use of the Site.
Your use of the Site shall be governed by this Agreement and to the extent that this Agreement conflicts with any other Agreement of the Company with respect to access to the Site, this Agreement shall control.
27. Please Contact Us
We are always happy to listen to Your comments and answer Your questions. You may contact us email as follows:
Innovative Learning Group
1130 Coolidge Highway
Troy, Michigan 48084
Copyright © 2020 Innovative Learning Group, Inc. All rights reserved. All text, images, graphics, animation, and other materials are subject to copyrights. ILG owns the copyrights in the selection, coordination, and arrangement of the materials on this site. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.