LAST UPDATED: July 2, 2018
Please read this Terms of Service Agreement (these "Terms") carefully before accessing or participating in any website, forum, online course, or service (collectively, "Services") made available by Praktio LLC, a Michigan limited liability company ("Praktio"), whether at http://www.praktio.com or any related site operated by or on behalf of Praktio (collectively, "Sites"). By using any Service or Site, you acknowledge that you have read these Terms and agree to these Terms as a binding legal agreement between you and Praktio. Whenever the term "including" is used in these Terms, it means "including, without limitation."
Accordingly, you agree as follows:
Rules for Online Conduct
You will comply with all applicable laws and regulations, including those relating to: (a) this Agreement; (b) the testing, production, importation, transportation, packaging, labeling, use, sale, sublicensing or other distribution of any Praktio Materials; or (c) the export of commodities or technical data.
You will not: (a) copy, reverse engineer, modify or create derivative works of, distribute or sell or otherwise commercially exploit any portion of Services and Sites, including any information or products available on or from any Services or Sites (collectively with Services and Sites, "Praktio Materials"); (b) use any portion of Praktio Materials other than as expressly permitted by these Terms; (c) use Praktio’s name, trademarks or other materials in connection with, or to transmit, any unsolicited communications or emails; (d) use any high-volume, automated or electronic means to access any Praktio Materials (including robots, spiders, scripts or web-scraping tools); (e) frame any Praktio Materials, place pop-up windows over its pages or otherwise affect the display of its pages; (f) interfere with or disrupt any Praktio Materials or servers or networks connected to the Sites; or (g) disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You will not access or attempt to access any other user's account or misrepresent or attempt to misrepresent your identity while using any Praktio Materials.
You will secure and protect all Praktio Materials to which you have access in a manner consistent with the maintenance of Praktio's rights in Praktio Materials. You will ensure no act or omission is taken by any employee, contractor or agent of yours that would be inconsistent with these Terms if taken by you.
If you are eligible to participate in any of the Services, you will receive a personal account to access such Services (a "User Account"). You will not share access, or access information, to your User Account with any other party for any reason. You will never use any means other than your assigned User Account (including anyone else's User Account) to access any of the Services.
In setting up your User Account, you may be prompted or required to enter additional information, including your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete.
Permission to Use Materials
All Praktio Materials are the property of Praktio or its contractors and are protected by copyright, patent or other intellectual property rights under United States and other laws. Subject to the provisions of these Terms, Praktio hereby grants you a personal, non-exclusive, non-transferable, non-sublicenseable license to access and use the Praktio Materials to which your User Account has been granted access for so long as your User Account has been granted access. Except as provided by the foregoing, you may not use any Praktio Materials. And, in all cases, as explained under "Rules for Online Conduct" above, you may never copy, reverse engineer, modify or create derivative works of, distribute or sell or otherwise commercially exploit any works based on any Praktio Materials. The burden of determining that your use of any Praktio Materials is permissible rests with you.
User Material Submission
The Sites and Services might provide you with ability to upload or send information to Praktio regarding Praktio Materials ("Feedback"). By submitting Feedback, you hereby grant Praktio an irrevocable, perpetual, transferable, worldwide license to use, disclose, modify, commercially exploit, copy, distribute, transfer, sublicense, prepare derivative works based on, publicly perform and publicly display any such Feedback.
Law & Forum
Any dispute arising out of or relating to these Terms, the Sites or any Services, whether based in contract, tort or otherwise, will be governed by the laws of the State of Michigan. You further consent to the personal jurisdiction of and exclusive forum and venue in the federal and state courts located in Wayne County, Michigan as the legal forum for any such dispute.
No Representation or Warranty
ALL PRAKTIO MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING SENTENCE: PRAKTIO; ANY AUTHORS, CONTRIBUTORS OR LICENSORS OF ANY PRAKTIO MATERIALS; AND ANY OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS OF ANY OF THE FOREGOING (COLLECTIVELY, THE "PRAKTIO PARTIES") DO NOT MAKE, AND HEREBY DISCLAIM, ALL WARRANTIES REGARDING ANY PRAKTIO MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE (INCLUDING THAT PRAKTIO MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE YOUR INTENDED PURPOSES); TITLE, NON-INFRINGEMENT; ACCURACY; ADEQUACY; COMPLETENESS; AND UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE OPERATION.
YOU ACKNOWLEDGE AND AGREE:
(1) ALL PRAKTIO MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY;
(2) PRAKTIO MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE; AND
(3) YOU WILL NOT RELY ON THE CONTENTS OF ANY PRAKTIO MATERIALS OR ANY STATEMENT MADE BY ANY PRAKTIO PARTY, UNLESS YOU DO SO ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
THE TOTAL CUMULATIVE LIABILITY OF THE PRAKTIO PARTIES (WHETHER UNDER CONTRACT, TORT OR OTHERWISE) TO YOU WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU (FOR THE AVOIDANCE OF DOUBT, EXCLUDING ANY AMOUNTS NOT PAID BY YOU, REGARDLESS OF WHETHER PAID ON BEHALF OF, OR TO BENEFIT, YOU) TO PRAKTIO FOR ACCESS TO, OR USE OF, PRAKTIO MATERIALS.
NO PRAKTIO PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES RELATED TO THESE TERMS OR ANY PRAKTIO MATERIALS.
Limited Claims Periods
ANY CAUSE OF ACTION RELATED TO THIS AGREEMENT OR ANY PRAKTIO MATERIALS MUST COMMENCE, AND PRAKTIO MUST RECEIVE FROM YOU WRITTEN NOTICE OF SUCH CAUSE OF ACTION, WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Praktio, in its sole discretion, may terminate your use of any Praktio Materials for any breach of these Terms or any behavior that adversely affects any Praktio Materials, and none of the Praktio Parties will have any liability to you for any such action.