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Terms of Use Agreement

These Terms of Use together with the policies incorporated by reference herein (collectively the “Agreement”) is the entire legal agreement between you (“you” or “User”) and Gold Standard Advocates, Inc. (“Gold Standard”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your use of Gold Standard’s services (“Services”) that are delivered through the site www.specialeducationadvisors.com (which collectively with any other domain names that redirect thereto or similar Websites controlled by us that directs thereto, the “Site”).  This Agreement incorporates the Privacy Policy and the Shipping and Return Policy (“Return Policy”).

BY USING THE SITE AND RECEIVING THE SERVICES YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.   If you do not agree to, or cannot comply with the Agreement, you must stop using the Site and the Services immediately. We may from time to time modify these terms of use and will post a copy of the amended Agreement on the Site at http://www.specialeducationadvisor.com/terms-of-use-agreement/.  By continuing to use this Site and Services you agree to such amendments.    

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.

USER ACCOUNT

Some areas of the Site, including blogs, message boards, group forums, and group chats, require member registration. If you elect to register as a member of the Site, you agree to provide us with accurate, complete registration information and inform us of any changes to registration information. User is responsible for all access to and use of the Site through the use of your user name and password, including access of any services which results in monetary charges to you, whether or not User has knowledge of or authorizes such access and use. You agree to immediately notify us if you become aware of any loss or theft of any username, or password or any unauthorized use of such login details.  Use of the Services may require you to use your own email system, and you are responsible for the privacy and protection of your own email account and emails delivered to you. 

MEMBERSHIP

The “Ask An Expert” program, other Services provided and purchasing through the Site may require an additional fee and may require you to become a paid member of the Site (“Member”).  If you elect to become a Member, you agree that you are authorized to sign up for such membership and that you agree to make all payments as required in connection with your membership.  You agree to pay all such taxes that we may include in connection with your purchase.

You may cancel your membership at any time.  You can do so by contacting us at answers@specialeducationadvisor.com or you can send a certified, return-receipt letter to:

9909 Topanga Canyon Blvd. #169
Chatsworth, CA 91311

RISK OF LOSS

The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier.

PRODUCT DESCRIPTIONS

The items offered for sale on the Site contain descriptions that are provided directly by or based upon those provided by the publisher, manufacturer or distributor of such item. The Site does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM THE SITE THAT IS NOT AS DESCRIBED ON THE SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.  See Return Policy.

DIGITAL CONTENT

The Site offers Users the ability to purchase or download digital content, such as eBooks, from and through the Site (the “Digital Content“). The Site grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Digital Content in accordance with this Agreement.  In order to be able to purchase and/or download Digital Content, a User must first sign up for a User Account, and provide valid credit card information and the User’s billing address to the Site and/or other identifying information for any other payment method (e.g., paypal). There may be separate end user license agreements you may need to accept in connection with specific hardware or software you may be required to install to use the Digital Content. Your failure to accept and agree to the terms of those agreements may prevent, restrict and/or limit your ability to use the Digital Content.  You may not transfer the Digital Content from one electronic reading device to another without maintaining the applicable digital rights management solution for that Digital Content. You may not bypass, modify, defeat or circumvent any of the security features, special rules or other applications that protect the Digital Content.  Gold Standard reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content.

You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Digital Content; (ii) create derivative works from or of the Digital Content; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content; or (v) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any third party.

USE OF THE SITE AND SERVICES

The Site and Services are intended solely for users located in the United States who are 13 years of age or older.  If you are not located in the United States or if you are under the age of 13, you are not permitted to use the Site or Services.  IF YOU ARE BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THE TERMS OF THIS AGREEMENT WITH YOUR PARENTS OR LEGAL GUARDIAN.  THE SITE AND SERVICES ARE NOT DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN THROUGH OUR SITE OR SERVICES.

You are solely responsible for your own communications or content submitted to the Site or through the Services, the consequences of posting those communications, and your reliance on any communications. Gold Standard and its licensors are not responsible for the consequences of any communications to the Site and through the Services.  You agree not to post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Gold Standard in its sole discretion. You agree to use the Site at your sole risk and you agree that we shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. 

In operating the Site, Gold Standard shall have no obligation to but may (a) record the dialogue in chat rooms; (b) determine in its sole discretion to remove or request the removal of any posting or communication on the Site; (c) remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement; (d) monitor, edit, or disclose any postings on the Site; and (e) edit or delete any positing on the Site, regardless of whether such communication violates these standards. 

LICENSE GRANT

By posting on the Site, you grant Gold Standard, and its parent, affiliates, subsidiaries, assigns, agents, and licensees a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, fully-paid worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit or modify any such content that you post on, or in connection with the Site, for or any and all purposes.

INTELLECTUAL PROPERTY

The Site is protected by under both United States and foreign intellectual property laws. Title to and ownership of the Site remains with Gold Standard or its licensors. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Content and features on the Site as well as any Services and products and digital assets offered are subject to change or termination without notice in our sole discretion. All rights not expressly granted herein are reserved to Gold Standard and its licensors.

SUSPENSION; TERMINATION  

This Agreement automatically terminates if you fail to comply with the terms hereof.  Gold Standard may, at its discretion, terminate or suspend individual or group access to all or part of the Site with or without cause by delivering notice to you.  Upon termination, you must stop all use of the Site.  All provisions of this Agreement, except for the “User Account” and “Use of the Site and Services” sections above, survive the termination of this Agreement. The rights of termination are in addition to all other rights or remedies of Gold Standard provided in this Agreement or by law.

YOUR REPRESENTATIONS 

You represent, warrant and agree that you have adequate legal capacity to enter into this Agreement and that you will not violate the terms of this Agreement. You represent warrant and agree that you will not upload or transmit any communications or content of any type to the Site or through the Services, including blogs, message boards, group forums, user reviews or group chats, which infringe or violate any rights of any party.  You represent, warrant and agree that you will not use the Site or Services for any purpose in violation of local, state, national, or international laws. 

DISCLAIMER OF WARRANTY

THE SERVICES, SITE, ANY CONTENT OR INFORMATION OBTAINED THEREBY, AND ANY TANGIBLE OR INTANGIBLE ITEMS (INCLUDING WITHOUT LIMITATION DIGITAL CONTENT) ACCESSED THROUGH OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICE IS EACH PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND.  GOLD STANDARD TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NO GUARANTEE IS PROVIDED WITH RESPECT TO YOU OR YOUR CHILD OBTAINING BENEFITS FROM ANY EDUCATION PROGRAM. Without limiting the foregoing, Gold Standard, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the information posted or distributed through the Site, software, text, graphics, links, or communications provided on or through the use of the Site.  

Use of the Site and Services is not intended to be a substitute for professional legal counsel. No Attorney-Client relationship is created by your use of the Site or Services or your reliance of any information or content appearing on the Site or obtained through the Services.  Reliance on any information appearing on this Site is strictly at your own risk.

This Site may contain the opinions and views of other users. Given the interactive nature of this Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GOLD STANDARD BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, SERVICE OR ANY CONTENT OR PRODUCT ACCESSED OR PURCHASED THROUGH OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF YOUR USE OF THE SITE OR SERVICES, OR ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION OR PRODUCT DISTRIBUTED THROUGH THE SITE OR SERVICE, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  Regardless of the previous paragraph, if Gold Standard is found to be liable, such liability to you or any third party is limited to the greater of the total fees you paid to Gold Standard for use of this Site or Services (if any) over the prior six (6) months or $10.00. 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

INDEMNITY

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).  You agree to indemnify, defend, and hold harmless, Gold Standard and each of Gold Standard’s shareholders, directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) and expenses, including reasonable attorney’s fees, arising out of or in connection with any content you share or otherwise make available to another by using the Site, your use or misuse of the Site, or any breach and/or violation by you of this Agreement or of any law or the rights of any third party.  Gold Standard reserves the right, at Gold Standard’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will use best efforts cooperate with Gold Standard in asserting any available defenses.

CALIFORNIA RESIDENTS

If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES  

You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against Gold Standard, without regard to California’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.  You further agree that any disputes or claims that you may have against Gold Standard will be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

ENTIRE AGREEMENT  

This Agreement (including the Return Policy and the Privacy Policy) constitutes the entire agreement between you and Gold Standard concerning the subject matter of this Agreement, which may only be modified by Gold Standard. To the extent that you enter into or previously entered into a direct engagement agreement with Gold Standard for services to be rendered outside of the Site (and the services rendered through the Site (e.g., email through the domain name specialeducationadvisors.com), including without limitation the Ask an Expert program), and to the extent any provision under this Agreement conflicts with a provision under such definitive agreement, (a) the provision under this Agreement shall control with respect to the Site and any services rendered through the Site (e.g., email through the domain name specialeducationadvisors.com), including without limitation the Ask an Expert program, and (b) the provision under such definitive agreement shall control with respect to the services rendered or to be rendered under such definitive agreement. 

GENERAL TERMS 

If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties’ original intent, and the remaining portions remain in full force and effect.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.  You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein.  Gold Standard may assign this Agreement or rights hereunder (as applicable) to any entity at its sole discretion and without notice to you.  This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.  

CONTACT US 

If you need to contact us regarding this Agreement, we can be reached at answers@specialeducationadvisor.com.

These Terms of Use were last updated on June 18, 2010.

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