Monthly Archives: February 2014

Developing Character Terms and Conditions

Thank you for trying out Developing Character’s curricula! This page contains the terms and conditions (“Terms and Conditions“) for the Developing Character’s curricula. By downloading Developing Character’s curricula, you agree to this agreement either for yourself or on behalf of your employer or another entity and agree to be bound by its terms and conditions. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms and Conditions.  If you do not have the legal authority to bind, or do not wish to be bound by these Terms and Conditions, please press the “I do not accept” button below.

Developing Character’s curricula is made available, nonexclusively, to you only for your use in compliance with all applicable laws, rules and regulations. You may not make commercial use of Developing Character’s curricula, including but not limited to selling or distributing Developing Character’s curricula for payment, unless you enter into an agreement with Developing Character (“Developing Character“) or obtain Developing Character’s written permission in advance.

If you are asked to register, you must provide complete and accurate identification, contact, and other information required as part of the registration process. Developing Character reserves the right to refuse or discontinue participation to any applicant who failed to comply with these Terms and Conditions, at any time in its sole discretion.

Prohibited Actions
You may not distribute or transfer Developing Character’s curricula, modify, copy, license, sub-license or create derivative works from Developing Character’s curricula, unless you obtain Developing Character’s written permission in advance. If you wish to do any of the above, please contact us by visiting www.developingcharacter.com/Contact.php.

License Fees
This Developing Character’s curricula is provided to you for no consideration.

Information Practices 
Protecting users’ privacy is very important to Developing Character. As a condition of downloading and using Developing Character’s curricula, you agree to the terms of the Developing Character Privacy Policy, which may be updated from time to time, as stated in the most recent version that exists at the time of your use.

Intellectual Property
You hereby acknowledge that Developing Character owns all right, title and interest in and to Developing Character’s curricula, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from Developing Character’s curricula, or to extract significant portions of Developing Character’s curricula’s files for use in other applications. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter Developing Character’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Developing Character’s curricula.

Feedback
If you have comments on Developing Character’s curricula or ideas on how to improve it, please visit www.developingcharacter.com/Contact.php. Please note that by doing so, you also grant Developing Character and the above third parties permission to use and incorporate your ideas or comments into Developing Character’s curricula) without further compensation or approval.

Changes to Terms and Conditions
Developing Character reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at www.developingcharacter.com/eula.html (or such successor URL as Developing Character may provide), so that you will be apprised of any changes. It is herby clarified, that in case of any contradiction between this version of the Terms and Conditions and any modified version, the modified version shall prevail.

Disclaimer of Warranties                                                                                
Developing Character and any third party who makes its software or content available in conjunction with or through Developing Character disclaim any responsibility for any harm resulting from your use of Developing Character’s curricula. DEVELOPING CHARACTER’S CURICULA ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. DEVELOPING CHARACTER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
DEVELOPING CHARACTER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF DEVELOPING CHARACTER’S CURICULA. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE DEVELOPING CHARACTER’S CURICULA AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DEVELOPING CHARACTER’S CURRICULA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE, COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DEVELOPING CHARACTER BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF DEVELOPING CHARACTER’S CURICULA. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DEVELOPING CHARACTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON DEVELOPING CHARACTER’S CURICULA, FROM INABILITY TO USE DEVELOPING CHARACTER’S CURICULA, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF DEVELOPING CHARACTER’S CURICULA (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME COUNTRIES, STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the United States of America, without giving effect to the conflict of laws provisions of the United States of America or your actual country of residence.

Any dispute arising under or in relation to these Terms and Conditions shall be resolved exclusively in a competent court in the Houston Texas area, and each of the parties hereby submits irrevocably to the jurisdiction of such court.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Developing Character.

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