Terms and Use

General Provisions

By using this Internet web site you agree to be subject to and agree to be bound by the following Internet Web Site Terms of Use and Conditions. You represent that you are of legal age to form a binding contract.

If you do not agree to all of the terms and conditions set forth in this Internet Web Site Terms of Use and Conditions, you may not use this Internet web site. Operant Systems, INC., (“COMPANY”) owner of this Internet web site, reserves the right, at any time, to modify, alter, or update these Internet Web Site Terms of Use and Conditions. By accepting these Internet Web Site Terms of Use and Conditions, you agree to be bound by such modifications, alterations, or updates.

This Internet web site may include hyperlinks to third party Internet web sites that are not owned or operated by COMPANY Those Internet web sites may have respective Terms of Use and Conditions, and visitors to those pages may be required to agree to those respective Terms of Use and Conditions. COMPANY is not responsible for the content, terms of use or privacy practices of other Internet web sites to which this Internet web site may link to or is linked from.

Description of Services

The purpose of this Internet web site is to provide information in connection with services and products offered by and for COMPANY.

Intellectual Property

Patent

COMPANY is the owner of one or more issued U.S. Patents and/or pending U.S. Patent Applications, which may apply to one or more parts of this Internet web site.

Confidential Information: For the purpose of this agreement, the term ‘Confidential Information’ shall mean the following:

Any information or know how, idea, application data, process technique, program, design drawing formula or test data work in process, engineering, manufacturing, marketing, financial or personal matter, sales information, suppliers, customer, employees, investors, or business plan, whether in oral, written form, graphic or electronic form, or any document, diagram, drawing, computer program or other communication which is either marked confidential or reasonably known by the licensee to be confidential, or is of a proprietary nature and is learned or disclosed in the course of discussions, studies, or work undertaken between the parties. (including the terms and conditions of this Agreement), will be treated as confidential by the receiving party. The receiving party will not disclose to a third party any of such information, or use such information other than for the purpose for which it was provided, without the prior written consent of the other party.

Copyright

Except as otherwise set forth and provided herein, all material including but not limited to text, pictures, graphics and flash animations, data, icons and arrangement thereof that is displayed, and any hypertext markup language or any programming code included in or as a function of this Internet web site, is protected under the copyright laws of the United States of America and international conventions. It is the exclusive property of COMPANY, COMPANY’s content suppliers and/or other respective owners, and any exclusive property of COMPANY may not be copied, modified or distributed in any form or for any reason without the express written consent of COMPANY.

Trademarks

The trademarks TeachMe are registered trademarks of COMPANY. All trademarks, service marks, and trade names appearing in this Internet web site (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to COMPANY, or other respective owners that have granted COMPANY the right and license to use the Marks. Any trademarks, service marks, trade names, trade dress and products appearing in this Internet web site are reserved by the respective owners and may be afforded protection in the United States and internationally.

You expressly understand and agree that any of COMPANY’s Marks are the property of COMPANY.

Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of COMPANY should be referred to COMPANY at support@operantsystems.com.

No license or right to use is granted to you in any way in connection with any of the above trademarks, or with any other trademark appearing in connection with this Internet web site in any manner or for any purpose.

Warranty

COMPANY provides this Internet web site and its contents exclusively on an “as is” basis. COMPANY makes no representations or warranties of any kind, express or implied, as to the operation of this Internet web site, or any information regarding COMPANY or any service or product described in this Internet web site with regard to the accuracy and completeness of the information.

COMPANY EXPRESSLY DISCLAIMS AND YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS OF THIS INTERNET WEB SITE FOR ANY PURPOSE, TO THE EXTENT PERMITTED BY LAW. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE OF ANY KIND FROM USE OF THIS INTERNET WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT AND INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES AND PUNITIVE DAMAGES.

User Registration

Users may be required to submit identifying information, for example, to receive information about COMPANY, to receive information about services we provide, or about upcoming scheduled events. COMPANY does not knowingly collect any personally identifiable information from anyone under eighteen (18) years of age.

All submissions to this Internet web site are governed by these Internet Web Site Terms of Use and Conditions and/or the COMPANY Privacy Policy, which is incorporated by reference in its entirety herein.

COMPANY reserves the right to block or otherwise take down any advertisement or promotion from this Internet web site, at COMPANY’s discretion.

Intellectual Property Protection

COMPANY takes its intellectual property very seriously, and will take any and all measures necessary to protect its intellectual property, including but not limited to inventions (whether patentable or not), trademarks, copyright and trade secret. This Internet web site and COMPANY grants no license rights for any intellectual property owned or licensed by COMPANY.

Governing Law

These Internet Web Site Terms of Use and Conditions shall be interpreted and enforced in accordance with the laws of the State of New York, with no regard to conflicts of law principles. By using this Internet site, you agree that any dispute, claim or cause of action in connection with use of this Internet web site be resolved without resorting to a class action or any form thereof. Each user of this Internet web site consents to exclusive jurisdiction of the Courts of the State of New York, and, when applicable, the Southern District of New York.

User Supplied Content and Submissions

Users hereby grant to COMPANY a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right license to use, copy, make derivative works of, distribute, publish, commercialize, retain, and/or save in any way now known or in the future discovered, any content that is submitted to COMPANY, without any further consent, notice and/or compensation to you or to any third parties.

You hereby warrant and represent to COMPANY that any information you provide or submit in connection with this Internet web site, including information which may be posted on this Internet web site is accurate, is truthful, and does not violate any confidentiality rights, contractual restrictions, including related rights of any other third party, and/or any law. You also warrant that all information you submit about yourself is truthful, and that you will not provide any false personal information on this Internet web site. You also agree to modify any information you have submitted that is no longer accurate or is obsolete, including any information that relates to any registration information you have submitted to COMPANY.

Control Over Content

COMPANY exercises no control over any content any user submits. COMPANY has no obligation to supervise any content submitted by any users. You agree to inform COMPANY of any misappropriated content, or any inappropriate or illegal of any content posted on or by COMPANY that you are or become aware of.

Indemnification

You agree to indemnify COMPANY and to hold COMPANY harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees), including any charges that relate to any claims by any third party, or any charge related to your non-compliance with these Internet web site Terms and Conditions.