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Terms and Conditions of Use

Terms & Conditions:

You must read, agree with and accept all of the terms and conditions contained in these Terms and Conditions of Use before you may become a Member of HomeschoolRecess.com. By registering as a Member, and/or by accessing and using HomeschoolRecess.com, you agree to these Terms and Conditions of Use.

If you wish to become a Member of HomeschoolRecess.com (“HomeschoolRecess”), communicate with other Members, or make any other use of the Services we provide, please read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and may be modified by Homeschool Recess at any time without notice.  Any modifications shall be effective upon posting.  Should you object to any such modifications or become dissatisfied with HomeschoolRecess.com in any way, your only recourse is to immediately terminate your Membership and discontinue use of HomeschoolRecess.com. Otherwise, continuing to use the Website and/or continued Membership shall constitute assent to the changes.  

ELIGIBILITY REQUIREMENTS
To be eligible for membership or to use any members-only features of HomeschoolRecess.com, you must register as a Member of Homeschool Recess using Homeschool Recess’s registration process.  To register as a Member, you must provide certain identifiable information such as your name, gender, e-mail address, street address, and date of birth.  By becoming a Member, you assume responsibility for all activities that occur under your Membership account.

CONTENT REQUIREMENTS
Information posted or e-mailed through Homeschool Recess may be made public.  By using this website, you agree that you will not post any of the following material on this site or any forum herein (“postings”):

material that defames, abuses or threatens others
statements that are bigoted, hateful or racially offensive
material that advocates illegal activity
material that discusses illegal activities with the intent to commit them
unauthorized copyrighted material
material that contains vulgar, obscene, offensive or indecent language or images
advertising or any form of commercial solicitation unless: posted as a "classified ad" and correctly classified
material that constitutes or contains  "affiliate marketing," "link referral code," 
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited 
commercial advertisement
material that harasses or advocates harassment of another person
photographs that contain nudity, violence or sexually explicit or offensive material
material that is false, abusive, threatening, or illegal.

 INTELLECTUAL PROPERTY RIGHTS
All news and information provided through this Website is the property of Homeschool Recess and is protected by applicable copyright.  Additionally, the entire content of HomeschoolRecess.com is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is Homeschool Recess. The Homeschool Recess logo and all computer-generated graphics on this Website are trademarks of Homeschool Recess.  All other trademarks on the Website are trademarks of their respective owners.  Information received through use of this Website may be stored in computer memory, manipulated, analyzed, reformatted, printed and displayed for your personal, noncommercial use only.  You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, or circulate the information received through use of this Website to anyone including, but not limited to, others in the same company or organization, without express prior written consent of Homeschool Recess.

Notices of potential copyright infringement should be sent to Homeschool Recess. To be effective, the notice must be written communication provided to Homeschool Recess that includes substantially the following:  (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  17 U.S.C. § 512(c).

WARRANTIES AND LIABILITIES
Because of the number of sources from which the information and services on this Website may be obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and services.

HOMESCHOOL RECESS’S SERVICE IS PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS.  THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL HOMESCHOOL RECESS BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF ENTERING INTO OR RELYING ON THESE TERMS AND CONDITIONS OF USE.

Homeschool Recess may provide links and information about services and products of others on this Website.  Homeschool Recess makes no representations about the quality of these services except as expressly stated and assumes no liability for the services or products provided by others.  Use of such services or products is at the members’ sole risk.

ADDITIONAL LEGAL NOTICES
You agree that all information posted on the Website forever remains property of Homeschool Recess.  By submitting information to Homeschool Recess, you grant Homeschool Recess a nonexclusive, royalty-free, worldwide, perpetual, sublicenseable, license to use, modify, copy, distribute, transmit, publicly display, publish, distribute, transfer or sell any such content, for any purpose, without any payment to you.  Homeschool Recess grants to you a personal, non-exclusive, non-assignable license to use this Website.  You agree that your use of this Website is non-transferable.  Your account may not be shared, transferred, or sold to other parties, nor may any person or party other than you access your account.

By using this Website, or by being a Member, you agree to indemnify and hold Homeschool Recess harmless from and against any claims arising out of your use of this Website.  In consideration of your use of this Website, you agree to defend, indemnify and hold Homeschool Recess, its affiliates, agents, directors, officers, owners and employees harmless from and against any costs and expenses, including interest, penalties and attorney’s fees, which arise from any claim, suit, or proceeding made or brought against you or Homeschool Recess arising out of or involving your use of the Website.

RESERVATION OF RIGHTS
Homeschool Recess reserves the right to look into and to take appropriate legal action in its discretion against any person who violates these Terms and Conditions of Use, including without limitation, removing content from the Website and terminating your Membership.   

Homeschool Recess reserves the right to monitor your online conduct and enforce these Terms and Conditions of Use.  Without limitation, Homeschool Recess reserves the right to terminate or limit a Member’s membership if it determines, in its sole discretion, that a Member’s conduct violates any of these Terms and Conditions of Use. 

MISCELLANEOUS
This agreement between Homeschool Recess and the Website’s users will be governed and interpreted under the laws of the state of Wisconsin. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect. Saint Croix County District Court has jurisdiction in any dispute arising from this agreement.  By using this Website, you consent to the personal jurisdiction of Saint Croix County and you waive your rights to a jury trial.

If any provision of these Terms and Conditions of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.

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