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Terms of Use

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Terms of Use


Problem
What are the terms of use under which my use of the Faulkner Press website are governed?

Solution
Terms of Use

Faulkner Press LLC(or Faulkner Press). provides the faulknerpress.com World Wide Web site for your educational and informational purposes. Please feel free to browse. Your access to and use of faulknerpress.com is subject to the following terms and conditions and all applicable laws. By accessing, browsing and using faulknerpress.com, you accept, without limitation or qualification, these Terms of Use.

1. Access to faulknerpress.com. Although Faulkner Press provides faulknerpress.com, including limited creation of and access to online course material at no charge to you, you are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access to faulknerpress.com and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing faulknerpress.com.

2. Online course material. As long as you comply with the terms of this Agreement, you may use faulknerpress.com to create and/or access an online classroom. You must provide Faulkner Press with accurate, complete information during the registration process to create and/or access an online classroom. You are entirely responsible for maintaining the confidentiality of the personal identification number and password that you select during the registration process. You are responsible for all activities associated with your identification number and must immediately notify Faulkner Press of any unauthorized use of your identification number. You further understand that you have no proprietary rights to the identification number or password. You are responsible for entering and maintaining your online classroom at least once every thirty (30) days.

3. Content. Any material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, or other data (collectively the "Content") that you upload to or otherwise make available in faulknerpress.com, including any online course material (the "User Content") is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner of such User Content has granted Faulkner Press, for the sole purpose of displaying publishing, distributing and/or otherwise transmitting the User Content through faulknerpress.com, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform and display the User Content through faulknerpress.com. You also permit any other user of faulknerpress.com, subject to your restrictions, to access, view, store and reproduce the User Content to the same extent permitted herein. Moreover, you acknowledge that any Content that is on or otherwise made available on faulknerpress.com that is not uploaded or otherwise made available by you is not yours and you do not have any ownership rights therein. Therefore, you warrant that you will not copy, publish, reproduce, modify or distribute such Content without the express permission of the owner in violation of US or other laws, including such laws relating to copyright, trade secrets, droit morale and/or any other statutory or regulatory provisions.

4. Software. Any software available for download or purchase from Faulkner Press LLC or faulknerpress.com is a copyright of Faulkner Press or other third party provider. You will be unable to either download or install such software unless you first agree to the terms and conditions of the Faulkner Press license agreement that accompanies or is included with the software.

5. Conduct. You agree to access and use faulknerpress.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of faulknerpress.com, including any online classroom and interactive area. By accessing faulknerpress.com you agree that you will not: (i) post or use faulknerpress.com to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations; (ii) post or transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content; (iii) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access faulknerpress.com; (iv) disrupt the normal flow of communication in any online classroom or interactive area; (v) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; or (vi) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users.

6. Termination. The only right with respect to dissatisfaction with any policies, guidelines, or practices of Faulkner Press in operating faulknerpress.com or any Content, is for you to discontinue accessing faulknerpress.com. Faulkner Press, in its sole discretion, may terminate or temporarily suspend your access to all or any part of faulknerpress.com, without notice, for conduct that Faulkner Press believes is a violation of this Agreement or any policies or guidelines posted by Faulkner Press, or for other conduct which Faulkner Press, in its sole discretion, believes is harmful to other users. Faulkner Press may discontinue operating faulknerpress.com and terminate this Agreement without notice at any time for any reason in its sole discretion.

7. Disclaimer. DISCLAIMER OF WARRANTY. FAULKNER PRESS IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN ONLINE CLASSROOMS OR INTERACTIVE AREAS AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN COURSESITE CLASSROOMS OR INTERACTIVE AREAS FOR ANY PURPOSE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY OTHER USERS OF FAULKNERPRESS.COM. YOU AGREE THAT YOUR USE OF FAULKNERPRESS.COM, INCLUDING ANY ONLINE CLASSROOM OR INTERACTIVE AREA, IS AT YOUR OWN RISK. NEITHER FAULKNER PRESS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS WARRANT THAT FAULKNERPRESS.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FAULKNERPRESS.COM OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF FAULKNERPRESS.COM. FAULKNERPRESS.COM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT WILL BLACKBOARD OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF BLACKBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE FAULKNERPRESS.COM, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLACKBOARD'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES BLACKBOARD'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED IN SECTION 3

8. Links. Some links on faulknerpress.com lead to sites posted by independent site owners. Faulkner Press does not review independent sites or control their content, and merely provides these links to visitors for their convenience. These links are not an endorsement of products, services, or information provided by such sites. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Faulkner Press and the linked sites. Faulkner Press is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where Faulkner Press would be responsible for the actions of their respective owners. Faulkner Press encourages interested parties to create links to faulknerpress.com's homepage using Faulkner Press's logos in accordance with the terms and conditions of the Logo Policy.

9. Privacy Policy. Personally Identifiable Information Privacy debates about the Internet center on the use of information that is personally identifiable. This is information that can be matched with a person's identity: such as address, personal interests, activities, spending habits, significant relationships and other important data. Companies, governments, or other organizations often collect this "personally identifiable information" in order to conduct business with individuals or households. For example, a business may be required to collect personally identifiable information - such as name, address, telephone number, credit card number - and a great variety of other information to be able to bill and provide service to the individual. To all users of faulknerpress.com and it's online Web sites, Faulkner Press provides the following privacy protections: faulknerpress.com will inform users about its use of personally identifiable information collected at its Web sites. faulknerpress.com's purposes for collection of personal information could include billing, provision of customer service, network management, customer surveys, subscriptions, provision of offers of related services and other exchanges of information at Web sites. faulknerpress.com will not disclose or share personally identifiable information collected at its Web sites with any other companies or organizations without the informed consent of the consumer providing the information (except as required by law or pursuant to a governmental request). faulknerpress.com will use information received in e-mail from customers and other individuals only for purposes reasonably related to the subject matter of the communication. faulknerpress.com will not use personally identifiable information about the usage patterns of its students and instructors except for internal provision of customized and enhanced services.



Collection of Personal Information

At times, particularly when you test products or, download software from the faulknerpress.com web site, Faulkner Press may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to participate in these programs. If you elect to participate in these programs, however, Faulkner Press may require that you provide your contact information, which may include your name, mailing address, e-mail address and other personal identifying information. When you submit personal information to Faulkner Press, you understand and agree that Faulkner Press and its affiliates and trusted partners may transfer, store, and process your customer profile in any of the countries in which Faulkner Press and its affiliates maintain offices, including without limitation the United States. See the Faulkner Press privacy statement for additional information. Faulkner Press collects this information in order to record and support your participation in the programs you select. If you test a product, for example, the information is used to register your visit and preferences. If you test a demo, information is collected to qualify the entry and contact you regarding the contest or prize awards. Faulkner Press also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other Faulkner Press products and services. Faulkner Press recognizes and appreciates the importance of responsible use of this information. If you do not want the information you provide to Faulkner Press to be used to inform you of other products and special offers from Faulkner Press, and you may contact Faulkner Press.

Use of Cookies

When you visit faulknerpress.com, you can surf the site anonymously and access important information about Faulkner Press products without revealing your identity. In order to improve the faulknerpress.com site, we may use"cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording your passwords, purchases and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.) While Faulkner Press may use cookies to track your visit to faulknerpress.com and our web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Faulkner Press with personal information.

Updating Your Personal Information

You have the right to access and correct your personal information and privacy preferences by writing to Faulkner Press LLC.

10. Policy on Spamming. You specifically agree that you will not utilize e-mail addresses obtained through using faulknerpress.com's service or equipment to transmit of the same or substantially similar unsolicited message to 50 or more recipients in a single day unless it specifically pertains to your online course and is communication to your teacher, student(s), peer(s) or classmate(s). Should you be directly or indirectly responsible for any acts that are inconsistent with Faulkner Press terms and conditions that are then currently in effect may have their faulknerpress.com agreement terminated without prior notice at Faulkner Press's discretion. Faulkner Press, in its sole and exclusive discretion will determine violations of this limitation on e-mail usage. Faulkner Press, in its sole discretion shall determine whether a member's violation of this limitation was willful.

11. Service Mark Notice. Faulkner Press, faulknerpress.com, Classroom Companion, Faulkner Press logos and the unique trade dress of faulknerpress.com are trademarks or service marks of Faulkner Press LLC All other trademarks, service marks, and logos used on faulknerpress.com are the trademarks, service marks, and logos of their respective owners.

12. General. By using faulknerpress.com, you agree to the above stated terms of use. This Agreement is entered into in the State of Florida and shall be construed in accordance with the laws of Florida, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the County of Sarasota in the State of Florida, and 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 attorney fees. In the event that any provisions of this Agreement are held 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. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Faulkner Press may modify the terms of this Agreement by posting notice of such modifications on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.


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