II. AGE REQUIREMENT
IV. COMPLIANCE AND DISCLOSURE
A. HALLAGREEN reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.
V. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
B. By using the HALLAGREEN website and Services, you specifically release HALLAGREEN from any and all liability arising from your use of any third party website, third party services, or interaction with any third party.
VI. MODIFICATION OF TERMS
B. If we make any material changes in the way that we collect, store, or use data, we will notify users (or parents/legal guardians of student users under 18) of these changes.
VII. USE OF SERVICES
A. HALLAGREEN takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that HALLAGREEN deems to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that HALLAGREEN will pursue civil remedies without providing advance notice.
B. By using the Services, you agree to respect HALLAGREEN and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:
1. Permit multiple users to share a single user name to our Services;
2. Undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space;
3. Use our network to send unsolicited bulk electronic mail messages (“Spam”);
4. Use pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
5. Use or launch any automated system on our network, including (without limitation) “robots” or “spiders.”
6. Use torrents or related technology on our servers;
7. Use a false email return address to confuse other users;
8. Attempt to access other networks or accounts that do not belong to you on our network;
9. Undergo any act that interferes with the Services of another user or network;
10. Circumvent security measures on the network or our Services;
11. Engage in illegal activities or engage in activities harmful to the operations of HALLAGREEN, our Services, or customers and users;
12. Use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data;
13. Engage in terroristic activities;
14. Send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
15. Provide false data on any of the Services.
C. HALLAGREEN respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
1. Decompile, disassemble, or electronically transfer our Services to third parties;
2. Modify our Services in any way;
3. Reverse engineer, or permit others to reverse engineer, our Services;
4. Copy the user manuals, help features, user forums and other material associated with our Services;
5. Rent, lend, publicly perform, present, broadcast or distribute our Services;
6. Make derivative works of our Services;
7. Translate our Services into another computer language;
8. Use our Services on a device that you do not own or control;
9. Permit multiple users to share a single user name to our Services; or
D. HALLAGREEN does not own any data, information, or material that you submit to the Services (“User Data”). You, not HALLAGREEN, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, and appropriateness of your User Data. HALLAGREEN cannot be held responsible for the deletion, correction, destruction, damage, loss, or failure to store any User Data.
VIII. USER POSTS
A. While HALLAGREEN is an online learning environment, it is still a service that is provided on the Internet. As with every Internet-based service, it is important to be aware of your surroundings and to be smart about the information you post online. HALLAGREEN encourages parents to stress the importance of and talk about online safety with their children, and to discuss best practices for using online services.
B. HALLAGREEN may give users the opportunity to interact with one another through user-generated posts on the HALLAGREEN Services. “User Posts” refer to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials—whether publicly posted or privately transmitted on the HALLAGREEN Services.
D. By using and participating in the HALLAGREEN Services, you agree that your Posts will not contain anything that is or could appear to be:
1. Threatening, bullying, harmful, stalking another user, harassing, hateful;
2. Racially, ethnically, or otherwise objectionable;
3. Offensive language;
4. Untrue, misleading, libelous, or invasive to another person’s privacy or protected data;
5. Pornographic, sexually explicit, unlawful or plagiarized;
6. Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
7. Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
8. Unsolicited, undisclosed, or unauthorized advertising;
9. Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
10. Data or information obtained by the unauthorized access of another’s computer or account which such posting or submission would constitute unauthorized use; and
11. Any other post or submission that violates applicable local, state, national, or international law, regulation, or statute.
E. Any User Posts that are posted either publicly or privately on the HALLAGREEN Services is the sole responsibility of the user who posted it. Your access to the HALLAGREEN Services and User Posts is At Your Own Risk. HALLAGREEN cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is suffered as a result.
F. HALLAGREEN may contain User Posts or links to content that direct you to websites you find inappropriate or offensive. HALLAGREEN has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on HALLAGREEN Services. You are solely responsible for how you view and interpret User Posts on the HALLAGREEN Services.
G. HALLAGREEN cannot guarantee the identity of any users with whom you interact on our Services. HALLAGREEN also cannot guarantee which users gain access to the Services. Your use of the HALLAGREEN service is As Is and At Your Own Risk.
H. HALLAGREEN expressly disclaims any and all liability in connection with User Posts. By using our services, you understand and agree that HALLAGREEN reserves the right, but does not assume responsibility, to monitor user posts on our services. All content on our services is presented to you “as is” and at your own risk.
I. HALLAGREEN reserves the right to modify or remove User Posts in its sole discretion and without prior notice. HALLAGREEN also reserves the right to terminate a user’s account and access to Services at any time in its sole discretion and without prior notice.
IX. INTELLECTUAL PROPERTY RIGHTS
A. The content provided in the Services, except User Posts, is owned by, or is licensed to HALLAGREEN. This includes, but is not limited to the text, graphics, photos, and interactive features created by and for HALLAGREEN (collectively, “HALLAGREEN Content”). This also includes trademarks, service marks, and logos contained in our Services (“HALLAGREEN Marks”), subject to copyright and other intellectual property rights under state, United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the HALLAGREEN Content or Marks.
B. The HALLAGREEN Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. HALLAGREEN Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed, or otherwise exploited by you for any purpose whatsoever. This includes any using, copying, or distribution of HALLAGREEN’s Content obtained through the Services for any commercial purpose.
C. If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide HALLAGREEN’s Copyright Agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the allegedly infringing material is located on the HALLAGREEN Services, with enough detail that we are able to find it on the Services;
4. Your Address, Telephone Number, and Email Address where you may be reached;
5. A statement by you that you have a good faith belief that the use of the material is not authorized by the copyright or intellectual property owner, it’s agent, or the law;
6. A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;
Our Designated Copyright Agent to receive notifications of claimed infringement is:
P.O. Box 1643, Bellaire, Texas 77402
B. In the event that termination occurs, HALLAGREEN retains the right to exploit the electronic and printed materials it has created or to create materials that contain User Posts.
D. If HALLAGREEN suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.
XI. REPRESENTATIONS AND WARRANTIES
A. HALLAGREEN’s Representations and Warranties HALLAGREEN represents and warrants that in performing the Services provided in this Agreement that:
1. It has the authority and is legally able to form a binding contract with you;
2. It will, at a minimum, conform to generally accepted industry standards and practices; and
3. It will be qualified to perform its duties required in this Agreement.
B. Your Representations and Warranties By registering for and using our Services:
1. You represent and you warrant that you are legally able to form a binding contract with HALLAGREEN (either for yourself or on behalf of your child), and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
2. If you are a school, educational district, or teacher, you warrant and represent to HALLAGREEN that you are solely responsible for complying with COPPA, and you will obtain advance, written consent from all parents and guardians of students under the age of 18.
3. You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
4. You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
5. You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
6. You agree to immediately notify HALLAGREEN of any unauthorized use of your account or any other breach of security. HALLAGREEN will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
7. You understand that all User Posts and User Data are the sole responsibility of the account owner from which the User Post or User Data originated. HALLAGREEN does not claim ownership to or responsibility for any User Post or User Data.
C. HALLAGREEN reserves the right, but does not assume the responsibility, to monitor or review any activity on HALLAGREEN’s Services. You agree that you are responsible for the conduct of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.
2. You agree that you will not engage in any activity that interferes with or disrupts HALLAGREEN Services or servers or networks connected to HALLAGREEN Services.
3. You represent and you warrant that you will not use HALLAGREEN Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of HALLAGREEN and are grounds for suspension or termination of your account.
A. By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless HALLAGREEN, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ fees) related to:
2. Any injury incurred by you, your child, or anyone accessing the Services from your device or with your permission;
3. Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
4. Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
5. The unavailability of websites or Services.
B. In the event that HALLAGREEN becomes aware that claim, suit, or action (“Suit”) related to the Services has been brought against you, we will provide notice of this Suit to your contact information we have on file.
XIII. LIMITATION OF LIABILITY
A. You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
B. To the fullest extent permitted by law, in no event will HALLAGREEN, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for:
1. Any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, arising out of the use or inability to use the HALLAGREEN services, regardless of legal theory, without regard to whether HALLAGREEN has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose;
2. Any injury incurred by a user or any user’s child; and
3. Aggregate liability for all claims relating to HALLAGREEN services will not be more than the amounts paid by you to HALLAGREEN during the prior three months in question.
C. HALLAGREEN specifically disclaims liability arising from or in connection with an injury incurred by a user or user’s child. Though materials produced by HALLAGREEN may address issues of safety, HALLAGREEN and its officers, employees, agents, and directors do not represent that HALLAGREEN’s materials are accurate, current, or complete.
XIV. INTERNET DELAYS
The HALLAGREEN services may be subject to limitations, delays, and other problems that are associated with the use of the internet and electronic communications. HALLAGREEN is not responsible for any delays, delivery failures, or other damage resulting from these problems.
XV. WARRANTY DISCLAIMER
A. To the maximum extent permitted by applicable law, HALLAGREEN services are provided “As Is” without warranties, conditions, representations or guaranties of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, noninfringement or fitness for a particular purpose.
B. HALLAGREEN does not warrant that its services will be uninterrupted or error free or that the services will operate in combination with any other hardware, software, system, or data. You agree that your use of HALLAGREEN services is at your and your children’s sole risk. No oral or written information or advice given by a HALLAGREEN authorized representative will create a warranty.
XVI. EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages. Nothing in this Agreement is intended to exclude or limit any condition, warranty, right, or liability that may not be lawfully excluded or limited.
XVII. NO THIRD PARTY BENEFICIARIES
XVIII. NO AGENCY
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship is intended or created between you and HALLAGREEN by this Agreement.
A. Entire Agreement
B. Choice of Law and Forum
C. Location and Data Transfers
Our Services and the servers that make the HALLAGREEN website available may not be located in the country where you live. By using the HALLAGREEN services, you agree to the transfer, collection, processing, and use of data by HALLAGREEN.
HALLAGREEN may assign or transfer (whether by sale, assignment, merger, reorganization, consolidation, intellectual property rights or otherwise) this Agreement or any obligation incurred under this Agreement without your consent. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
E. Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement with the other provisions remaining in force. If HALLAGREEN should not enforce any right or provision in this Agreement, it does not create a waiver of such rights or provisions unless acknowledged or agreed to by HALLAGREEN in writing.
F. Statute of Limitations
XXI. QUESTIONS OR ADDITONAL INFORMATION