These terms and conditions of use apply exclusively to your access to and use of the HearBuilder website (hereinafter the ’Website’) and do not alter in any way the terms and conditions of any other agreement you may have with Super Duper Publications (hereinafter ‘Super Duper’) for products, services or otherwise.
If you do not agree with any of these terms, do not access or otherwise use this Website or any information or materials contained on the Website. Your use of the Website shall be deemed to be your agreement to abide by each of the terms set forth below.
Licensee will access the Service through Super Duper’s Internet website (the ‘Website’). Super Duper will provide to the Licensee a unique user name and password. Licensee shall have the unlimited right to use the Service throughout the Term, subject to any periods of service interruption resulting from upgrades or modifications to the Website, technical problems, or causes beyond Super Duper’s control.
Licensee and each User must have access to the World Wide Web and must provide all equipment and pay all fees necessary for such access. Licensee acknowledges that it is familiar with Super Duper Publications’ system requirements and that it has or will obtain the necessary hardware and software.
The HearBuilder Website (the ‘Website’) and Super Duper’s products are protected by copyright as collective works and/or compilations, and, other than certain materials which may comprise a portion of the public domain, all materials contained on the Website (collectively, ‘Content’) and any other materials provided by Super Duper in connection with HearBuilder (including, without limitation, all documentation that may be provided to subscribers of HearBuilder) are protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright and other proprietary rights and laws, and are owned or controlled by Super Duper Publications. A visitor to the site or registered user of HearBuilder Online (a ‘Licensee’) shall have the limited right to print and copy reasonable portions of the Content for use only in classrooms at a registered site or for personal use only, in each case provided that Licensee maintains any copyright and other notices contained therein. Copying, storing, modifying, transferring, reproducing, creating new works from or otherwise using or exploiting any Content other than as provided in the previous sentence without the prior written consent of Super Duper is expressly prohibited. In no event shall Licensee use or exploit any Content for any commercial purpose whatsoever. HearBuilder, and certain other names, marks and logos contained on the Website or otherwise used in connection with HearBuilder Online are trademarks, service marks or trade names of Super Duper and may not be used by Licensee without the express prior written consent of Super Duper. Licensee shall not have any rights to any software used in connection with the Website or HearBuilder. Any rights not expressly granted herein are reserved.
No part of the Website is specifically structured to attract children under the age of 13, except as a student under the guidance and supervision of an adult. Parental/Guardian consent is required in order for any child under 13 years of age to submit personal information to the Website and before Super Duper will use or disclose that Personal Information. Only a parent, guardian, or authorized teacher/educator or administrator may register a child for access to HearBuilder. If you are a teacher/educator, school administrator, tutor or similar party, entering information about a child, you represent that you have proper authority to submit the child’s personal information, and agree to hold Super Duper harmless from any and all claims relating to the acceptance and use of such information.
THE WEBSITE AND HEARBUILDER, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE OR HEARBUILDER, ARE PROVIDED ‘AS IS.’ TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SUPER DUPER AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, SUPER DUPER AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OF IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPER DUPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR HEARBUILDER OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF SUPER DUPER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE FOR THE USE OF THE WEBSITE OR HEARBUILDER, INCLUDING, WITHOUT LIMITATION, THE CONTENT THEREOF AND ANY ERRORS CONTAINED THEREIN. LICENSEE ACKNOWLEDGES AND AGREES THAT LICENSEE IS SOLELY RESPONSIBLE AND LIABLE FOR THE USE OF THE WEBSITE AND HEARBUILDER BY EACH USER (INCLUDING, WITHOUT LIMITATION, FOR ENSURING THE APPROPRIATENESS OF THE CONTENT OF THE WEBSITE AND HEARBUILDER FOR EACH USER). IN NO EVENT SHALL SUPER DUPER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, PERFORMANCE OR CONTENT OF THE WEBSITE OR HEARBUILDER, WHETHER BASED ON ANY THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUPER DUPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SUPER DUPER’S LIABILITY FOR DAMAGES TO LICENSEE EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE TO SUPER DUPER HEREUNDER DURING THE ONE (1) YEAR PERIOD PRIOR TO THE DATE THAT SUCH CLAIM FOR DAMAGES AROSE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms shall be governed and construed in accordance with the State of South Carolina and the laws of the United States. Users and Licensees consent to the exclusive jurisdiction of the state courts and U.S. federal courts located in Greenville, South Carolina for any dispute arising out of this Agreement.