(As of December 15, 2009)
This web site ("Site") is owned, operated and provided to you ("You") by Clerc's Children, Inc. ("Clerc"). If You proceed to use the Clerc resources located at this Site, You agree to abide by these Terms of Use and to our Privacy Policy. If You do not wish to abide by these Terms of Use (or to the Privacy Policy and any disclaimers posted elsewhere on the Clerc Site) then You may not use this Site. Clerc may from time to time revise these Terms of Use by updating this posting. You should therefore periodically visit this page to review the current Terms of Use, so You are aware of any such revisions to which You are bound. Your continued use of this Site and the resources enabled by the Site will signify and represent Your acceptance of the current Terms of Use.
Through this Site, Clerc provides You with access to a variety of resources and services, including product information, educational and research materials, and audio-visual content which may include text, photographs, video, forums and other services (collectively "Resources"). The Resources, including any updates, enhancements, and new features are subject to the Terms of Use.
The Resources available on the Clerc site are intended to allow authorized users (such as subscribers to the Clerc site) to access informational, educational and research materials through the Internet.
You hereby acknowledge that information, data, requests, preferences and settings entered through this Site or through other Web sites may be collected by third parties for the purpose of providing improved services to You, and for educational and research purposes, in accordance with our privacy policy (as described below).
You may be asked to agree to further terms and conditions when using specific services on the Site, for example, when submitting materials, information or data. If there is any inconsistency between these Terms of Use and any such terms and conditions, the latter terms and conditions shall prevail.
When viewing our video material on you may experience a delay in the delivery of the video as the streamed material buffers. Please bear this delay in mind when interacting with our video material.
You must be at least 18 years old to use our Resources. If you are under 18 years old, please get a parent's or guardian's permission before using our Resources. Please refer to our Privacy Policy (as described below).
We advise that you never reveal via the Site any personal information about yourself or anyone else (for example: telephone number, home address or email address). You are entirely responsible for maintaining the confidentiality of your details when using our Site.
Please review Clerc's Website Privacy Policy, which are incorporated herein by reference.
When You use the Resources on the Site, You are instructing Clerc to provide you with, or access to, educational and/or research materials. Accordingly, by using the Resources on the Site, You are expressly consenting to Clerc's collection of the personally identifiable usage information associated with the fulfillment of Your educational and/or research material request(s). Clerc may use and disclose this information consistent with Clerc's Privacy Policy.
Additionally, we may use and disclose to third parties non-personally identifiable information about and/or collected from our users generally for the purpose of the assessment and research of information, data and materials collected by the Site. This non-personally identifiable information may be used to improve and enhance Clerc's services and Resources, and/or to advance the study of a certain subject matter's field of research. Accordingly, by using the Resources of Clerc, You are expressly consenting to the collection, usage and disclosure to third parties of the non-personally identifiable information (which may be aggregated or otherwise) generated during your use of the Resources, in a manner consistent with Clerc's Privacy Policy.
Please refer to Clerc's Privacy Policies for more information on the use of personally and non-personally identifiable information.
If any of the Resources require You to register with Clerc, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You authorize Clerc to assume that any person using the Site with Your password and user name either is You or is authorized to act for You. You agree to notify Clerc immediately of any unauthorized use of Your account or any other breach of security. Clerc will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Clerc or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Mention of third party products, companies, and Web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Clerc provides this information only as a convenience to You and Clerc makes no representation whatsoever regarding the content of any other Web sites. When You access a non-Clerc site, please understand that it is independent from Clerc and that Clerc has no control over the contents on that Web site. A link out to a non-Clerc Web site does not mean that Clerc endorses or accepts any responsibility for the content or use of such Web site. Clerc makes no representations regarding the quality, safety or suitability of any products by third party companies. All third party products must be ordered directly from the vendor and all licenses and warranties, if any, are made between You and the vendor.
The contents of this Site, including the text, images, audio and video (collectively referred to herein as "Materials") and the Resources are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Materials or any information, software, products or features obtained from the Site and its Resources.
Permission to use documents such as educational print materials, questionnaires, and informational materials, from the Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Resources is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom in accordance with an agreement with Clerc in writing, subject to the terms applicable thereto.
Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Clerc Site or any other Clerc owned, operated, licensed or controlled site. Elements of the Clerc Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Clerc Site may be copied or retransmitted unless expressly permitted by Clerc.
Our intellectual property materials may not be used (i) to identify products or services that are not Clerc's, (ii) in any manner likely to cause confusion, (iii) in or as a part of Your own intellectual property materials, (iv) in a manner that implies that Clerc sponsors or endorses Your products or services or (v) in any manner that disparages or discredits Clerc.
All intellectual property rights in this Site and all material or content made available in the Resources shall remain at all times the property of Clerc.
The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Resources are proprietary marks and may not be reproduced or otherwise used without express permission.
Nothing contained in these Terms of Use shall be construed as conferring by implication any license or right to use any trade mark, patent, design right or copyright of Clerc or of any third party.
As a condition of Your use of the Site and Resources, You will not use the Site and Resources for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or Resources in any manner that could damage, disable, overburden, or impair any Clerc server, or the network(s) connected to any Clerc server, or interfere with any other party's use and enjoyment of the Site or any Resources. You may not attempt to gain unauthorized access to the Site or any Resources, other accounts, computer systems or networks connected to any Clerc server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources. Violations of any of the above, including intellectual property infringement and Site or service security issues, will be investigated by Clerc and prosecuted to the fullest extent of the law, whether civil or criminal. Clerc may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Terms of Use.
You agree to defend, indemnify, and hold harmless Clerc, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site, the Site Content, or Your violation of these Terms of Use.
If You violate any of these terms, Your permission to use the Resources enabled by the Site will automatically terminate, and we may end Your authorization to use the Site. We may terminate Your authorization to use the Site or the Resources at any time. We would likely terminate Your authorization if You do not visit the Site for an extended period of time, or we reasonably believe that You have violated or acted inconsistently with the letter or spirit of this Terms of Use, or violated our rights or those of another party. The termination of Your authorization to use this Site shall not terminate any provisions which, by their nature, are intended to survive termination, including but not limited to provisions relating to indemnification, limitation of liability, and proprietary rights.
Complete access is not represented or should be expected with respect to Clerc's Site and its Resources without a paid subscription to the Clerc Service in accordance with the terms of Clerc's subscription agreement, Terms of Use, and its price plan.
The Clerc Site is accessed solely through the Internet. You acknowledge that Clerc is not responsible for Your Internet service, or for the delays or performance failures caused from acts beyond its control. Without limiting the generality of the foregoing, you agree that the functioning of the Internet and of the national and international telephone networks are beyond the reasonable control of Clerc.
Any feedback You provide at this Site shall be deemed to be non-confidential. Clerc and its affiliates shall be free to use such information for any purpose on an unrestricted basis.
YOU AGREE THAT NEITHER CLERC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE, THE SITE CONTENT, THE MATERIALS, OR THE REMOTE SCHEDULE FEATURE OR WITH RESPECT TO THE INFORMATION, RESOURCES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WILL NOT APPLY TO YOU. IN NO EVENT SHALL CLERC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Clerc intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by Clerc from a variety of sources, Clerc does not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of contents on the Site. In particular, Clerc has no control over the quality, availability, safety, legality, truthfulness or accuracy of any listings or programming information.
THIS SITE IS PROVIDED BY CLERC ON AN "AS IS" BASIS. CLERC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE USE OF THE RESOURCES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, OR OTHER SITES HYPERLINKED TO THE SITE, OR A USER'S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE SITE, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLERC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, CLERC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE USE OF THE RESOURCES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT CLERC) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. CLERC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
Clerc or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Clerc's advertisements, products or marketing strategies might seem similar to ideas submitted to Clerc. If, despite our request that You not send us Your ideas and materials, You still send them, please understand that Clerc makes no assurances that Your ideas and materials will be treated as confidential or proprietary and all such ideas and materials are the property of Clerc.
This Site is created and controlled by Clerc Inc. in the State of California, USA. Clerc makes no representation that Materials on the Site and the Resources are appropriate or available for use in other locations. If You access this Site from another location, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where You reside.
By accessing this Site, You agree that the laws of the State of California will govern all matters relating to this Site, without giving effect to any principles of conflicts of laws. You also consent to the exclusive jurisdiction and venue of the Superior Court of Los Angeles County for state claims and the Central District of California for federal claims in all disputes arising out of or relating to the use of this Site. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties' relationship.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site's content may not be legal by certain persons or in certain countries. These Terms of Use are personal to You. You may not transfer, assign or delegate this Terms of Use to anyone without the express written permission of Clerc. Any attempt by You to assign, transfer or delegate these Terms of Use without the express written permission of Clerc shall be null and void. The paragraph headings in these Terms of Use are included to help make the agreement easier to read and have no binding effect. These Terms of Use comprise the entire agreement between You and Clerc with respect to the use of the Site and supersede all prior agreements between the parties regarding the subject matter contained herein.
Any rights not expressly granted herein are reserved.
BY USING THIS SITE, I REPRESENT THAT I HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THE TERMS AND CONDITIONS AS STATED ABOVE.
© 2010 Clerc's Children, Inc. All Rights Reserved
Web Presence in Development By
::Don't Blink Design::