Precalculus Algebra TI-83/TI-84 Tutorial User Agreement

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I. LICENSE AGREEMENT / TERMS OF SERVICE

1. Grant of License for Registered Users

Turner Educational Publishing (“we”, “us”) grants you a non-exclusive, non-transferable license to use the Precalculus Algebra TI-83/TI-84 Tutorial with which this license is distributed (the “Tutorial”), for individual use only, provided that you agree to be bound by the terms of this License Agreement. The Tutorial shall be used only by you, and you may not release your password to anyone for purposes of accessing the Tutorial.

2. Ownership

You have no ownership rights in the Tutorial. Rather, you have a license to use the Tutorial for the length of your Registration Term. Ownership of the Tutorial and all intellectual property rights therein shall remain at all times with Turner Educational Publishing. Any other use of the Tutorial by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.

3. Copyright

The Tutorial contains material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All pages within this Internet site (“Site”) are the property of Turner Educational Publishing. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of the author. All rights not granted to you herein are expressly reserved by Turner Educational Publishing.

4. Trademark Notice

All trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

5. Restrictions

You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Tutorial or any part thereof. You may not transmit the Tutorial over any network or between any devices.

6. Use of the Tutorial and Access to the Tutorial

In order to make full use of this site, you will need to have a Texas Instruments TI-83 or TI-84 Calculator. As explained under Limitation of Liability, Turner Educational Publishing is not responsible for loss of connection, server interruption, or any other interruption to access of this site. Scheduled fixes will be posted in advance whenever possible.

7. Content

Although every effort has been made to ensure the integrity and accurateness of the information contained in the Tutorial, the Tutorial may contain programming, content, or linking errors. We make no guarantees whatsoever as to the correctness or accuracy of the Tutorial. It is possible that the Site or Tutorial could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site or Tutorial by third parties. In the event that an inaccuracy arises, please inform us by email at support@TItutorials.com so that it can be corrected.

As explained below in Paragraph 9, Turner Educational Publishing is not liable to you or any third party for any incidental or consequential damages which may arise as a result of any errors contained in the content. Further, Turner Educational Publishing does not regularly review materials posted on the sites to which the Tutorial may be linked, does not necessarily endorse all of the materials appearing on such linked sites, and any decision by you to view any of the linked websites is at your own risk.

8. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

TURNER EDUCATIONAL PUBLISHING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TUTORIAL WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE TUTORIAL WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE TUTORIAL WILL BE CORRECTED, OR THAT THE TUTORIAL IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

TURNER EDUCATIONAL PUBLISHING, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

9. Limitation of Liability

IN NO EVENT WILL TURNER EDUCATIONAL PUBLISHING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TUTORIAL, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF TURNER EDUCATIONAL PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF ANY PROGRAMMING ON YOUR TI-83 OR TI-84 CALCULATOR. TURNER EDUCATIONAL PUBLISHING’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE TUTORIAL AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE REGISTRATION FEE PAID BY YOU. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Termination

This License Agreement is effective until it is terminated. Turner Educational Publishing may terminate this License Agreement for any reason, including, but not limited to, if we find that you have violated any of the terms of this License Agreement. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this License Agreement.

11. General

This License Agreement shall be construed, interpreted and governed by the laws of the State of California without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate state court sitting in San Luis Obispo County, State of California, U.S.A. Each party to this Agreement waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect, and the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.

This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. Turner Educational Publishing may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled “Legal Notices” or “Legal Information” (or similar title) before the modification takes place.

II. PRIVACY POLICY

1. Information Collected

In order to access the Precalculus Algebra TI-83/TI-84 Tutorial (the “Tutorial”) within the www.TItutorials.com web site (the “Site”), Turner Educational Publishing (“we”, “us”) requires that you provide certain identifying information (the “Registration Data”) listed in the online registration form. This information may include your legal name, address, telephone number, e-mail address, user name and password used to access the membership site, method of payment, and, if applicable, credit card number and expiration date. We reserve the right to request any additional information necessary to establish and maintain your account for use of the Tutorial.

2. Confidentiality

All Registration Data is the property of Turner Educational Publishing, subject to and protected by the Electronic Communications Privacy Act. We will not sell, rent, or swap your Registration Data to any third party. Further, we will not share or otherwise disclose your Registration Data to any third party, with the exception that we may disclose information that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity, to conduct investigations of violations of our License Agreement, in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action, or as otherwise requested or required by law enforcement or other government officials. We maintain a secured area on the Site for transmission of Registration information.

3. Uses of Registration Data

As a subscriber to any of our online tutorials, you agree to accept e-mail communications from us that are necessary to maintain your account or to keep you informed of any changes or updates pertaining to your account. In addition, unless you select the “Opt-Out” option as described below, we reserve the right to use your Registration Data to send you information about Turner Educational Publishing, the Site, Tutorial products and services, and other topics related to the Tutorial.

4. Opt-Out Right

If you do not wish to receive any special offers or other special communications from us, you have the right to select the “opt out” option at any time after registration. You may “opt out” by sending an email message to support@TItutorials.com. In the content of your message, include your full name, your user name, and the statement “I DO NOT WISH TO RECEIVE SPECIAL COMMUNICATIONS FROM TURNER EDUCATIONAL PUBLISHING”.

5. Lost or Stolen Information

If your password is stolen or used without your permission, immediately notify us by email at support@TItutorials.com. Upon notification we will delete your password. A new password will be sent by email to the email address you provided during registration. You may be unable to access certain services while we process the password change.

6. No Liability for Acts of Third Parties

Although we will use all reasonable efforts to safeguard the confidentiality of the Registration Data, transmissions made by means of the Internet cannot be made absolutely secure. Turner Educational Publishing will have no liability for disclosure of Registration Data due to errors in transmission or unauthorized acts of third parties.

7. Use of Aggregated Information

We reserve the right to disclose to third parties information about Subscriber usage of the Precalculus Algebra TI-83/TI-84 Tutorial Web site and any related services, including information gathered during your use of the Site. Any information disclosed will be in the form of aggregate data (such as overall patterns or demographic reports) that does not describe or identify any individual user.

8. Updates

We reserve the right to change or update this Privacy Policy, or any other Tutorial policy or practice, at any time with reasonable notice to users of the Site. Any changes or updates will be effective immediately upon posting to the Site.