Terms of Service
LAST UPDATED: March 16, 2015
Please read this Terms of Service Agreement (the "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 the Terms and agree to the Terms as a binding legal agreement between you and Praktio.
Accordingly, you agree as follows:
Rules for Online Conduct
You will use the Services and Sites in accordance with all applicable laws.
You will not: (a) reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the Services and Sites; (b) use any portion of the Services and Sites 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 the Services or Sites (including, robots, spiders, scripts or web-scraping tools); (e) frame the Sites, place pop-up windows over its pages or otherwise affect the display of its pages; (f) interfere with or disrupt the Services, Sites 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 of the Services or Sites.
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 content and other materials available on or from the Services or Sites 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 the Terms, Praktio hereby grants you a personal, non-exclusive, non-transferable, non-sublicenseable license to access and use the Sites and those Services 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 of the Services. And, in all cases, you may never copy, reproduce, retransmit, distribute, publish, commercially exploit, transfer, modify or create derivatives works based on the material available on any of the Sites or Services. The burden of determining that your use of any information, software or any other content available on or from a Site or Service 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 the Sites or Services ("Feedback"). By submitting Feedback, you hereby grant Praktio an irrevocable, perpetual, transferable, worldwide license to use, disclose, modify, commercially exploit, reproduce, distribute, transfer, sublicense, prepare derivative works based on, publicly perform and publicly display any such Feedback.
Choice of Law and Forum Selection
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
THE SITES, SERVICES AND ANY INFORMATION OR OTHER PRODUCTS AVAILABLE ON OR FROM ANY SITE OR SERVICE (COLLECTIVELY, "PRAKTIO MATERIALS") ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING SENTENCE, PRAKTIO AND ANY AUTHORS OR CONTRIBUTORS TO PRAKTIO MATERIALS (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); 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.
Limited Claims Periods
ANY CAUSE OF ACTION RELATED TO 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 Site or Service for any breach of the Terms or any behavior that adversely affects any Site or Service, and none of the Praktio Parties will have any liability to you for any such action.