Scope and Applicability
These Terms and Conditions (the "Agreement") are applicable to the web pages, programs, services, data files, written text, computer software, music, audio files, photographs, videos or other images, content, databases, software code and other information, including any hosted subdomains or other hosted services managed and provided by Gander Publishing, Inc. for consumer and retail use (collectively, the "Services") provided by Gander Publishing, Inc., a California corporation ("Gander Publishing"), to which you may have access via the Internet through one or more of its websites.
By viewing the website(s) and using the services, you agree to be bound by the terms of this Agreement, including the Disclaimer of Warranties, Limitation of Liability, and Termination provisions below. If you do not agree to such Terms and Conditions, Gander Publishing is not willing to provide you with access to the Services, and you should immediately discontinue your use of the Services.
Gander Publishing may modify this Agreement from time to time in its sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current Terms and Conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
Use of the Services
In accordance with the Terms and Conditions of this Agreement, Gander Publishing grants you a non-exclusive, limited, non-transferable license to use the Services and view the online content for your personal, noncommercial use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by Gander Publishing and/or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.
You may not reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create derivative works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the prior written consent of an authorized agent of Gander Publishing, nor use the content or information made available through the Services for any unlawful purpose. You may not replay for commercial purposes video and/or audio materials available on Gander Publishing's website(s). Nothing contained in this Agreement shall be construed as conferring any right in any copyright, trademark, or other intellectual property of Gander Publishing to you. Violation of this Agreement may result in infringement of the intellectual property and contractual rights of Gander Publishing, its licensors, the Information Providers and/or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
No part of these materials may be copied, reproduced, uploaded, posted, transmitted or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented without the prior written consent of an authorized agent of Gander Publishing and/or the Information Providers. Notwithstanding the foregoing, you may print hard copies of pages from the website(s) and the printable versions displayed therein for your personal, temporary, noncommercial use, provided you maintain all copyright and other notices contained therein. No other copying of the website(s), in whole or in part, is permitted without Gander Publishing's prior express written authorization.
In using the Services, you agree to accept sole responsibility for: (1) any use of Internet facilities conducted or permitted by you or your agents, contractors, employees, or other users; (2) the conduct of any business, advertising, marketing, or sales in connection therewith; and (3) any negligent or illegal act or omission of you or your agents, contractors, employees, or other users.
When retrieving information from the Services, you are expressly prohibited from: (1) using or attempting to use data mining, spiders, robots, intelligent agents, or any other similar data gathering, extraction, or navigation search methods except for a normal browser; (2) aggregating, copying, or duplicating any of the materials or information available from the website(s) except for the small amount of materials and information temporarily required for an ordinary single use of the website(s); or (3) accessing data not intended for such user.
Hyperlinks on Gander Publishing Website(s)
Gander Publishing may from time to time, directly or indirectly, provide hyperlinks ("links") to or, in our sole discretion, accept links from websites of third parties. Gander Publishing does not control or maintain the material presented by other persons in their websites. The inclusion of any link on our website(s) does not imply an association or relationship between Gander Publishing and the person or entity sponsoring the linked site and does not constitute or imply an endorsement, approval, or sponsorship of the linked site by Gander Publishing, or the endorsement, approval, or sponsorship of Gander Publishing by the sponsor of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. We do not vouch for or assume any responsibility for the content, accuracy, or completeness of the material presented directly or indirectly in linked sites. If you use any such links, you will leave our website(s).
Linking to Gander Publishing Website(s)
In all circumstances, you may not frame or alter the appearance of the Gander Publishing website(s) or reproduce or host Gander Publishing content on your website or blog.
Responsibility for Content
Gander Publishing provides educational materials used to teach or assess reading, spelling, language comprehension and expression, and math, including materials for the educational programs of the third-party service provider Lindamood-Bell Learning Processes. The Lindamood-Bell® programs are recognized as being effective in addressing the symptoms of dyslexia, hyperlexia, autism, and learning disabilities in general. The Services available on the website(s) pertaining to the Lindamood-Bell® programs and other related topics are provided for informational purposes only. Reviews of the information provided should never be used as a means for medical advice, diagnosis, or treatment. Any medical decisions should be made in consultation with your physician or other trained medical personnel. Gander Publishing will not be liable for any complications, injuries, loss, or other medical problems arising from, or in connection with, the use of or reliance upon any Services or information provided on the website(s).
Submissions to Website(s)
All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to Gander Publishing on or in connection with its website(s) are submitted without any restrictions or expectation of confidentiality. Gander Publishing shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. Gander Publishing shall have the right to use, publish, distribute, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.
Gander Publishing does not represent or warrant that information and content provided in connection with the Services is or will be always up-to-date, complete, accurate, or available for viewing. Gander Publishing will take reasonable efforts to correct any inaccuracies that are brought to its attention.
If, through the use of the Services, you decide to submit, enter, or transmit information or materials of any kind, you are solely responsible for ensuring that you may do so and that such information and materials can be accessed, used, copied, distributed, and adapted by other users of the Services (including Gander Publishing and its Information Providers) without liability or restriction. You agree to indemnify Gander Publishing and its Information Providers from any damage, loss, cost, or expense which may be incurred by Gander Publishing as a result of the material you link, upload, post, or transmit to the website(s).
Intellectual Property Rights
Unless otherwise noted, all materials, including but not limited to the Gander Publishing website(s), all articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML code, and software that is part of the website(s), are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by Gander Publishing, the Information Providers, or are otherwise part of the public domain.
Without prior written consent, you may not republish, frame, retransmit, modify, or create derivative works of any material contained in Gander Publishing's website(s) on any other website or in materials of any other entity. Further, the computer code created by or for Gander Publishing to generate its website(s) is protected by copyright and any copying or adapting of such code is strictly prohibited.
You may not state or imply that Gander Publishing endorses, sponsors, or otherwise approves your site. You may not use any of Gander Publishing's trademarks or logos without Gander Publishing's prior written consent.
In accordance with the Terms and Conditions of this Agreement, Gander Publishing may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. Gander Publishing may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
Disclaimer of Warranties
You understand and agree that your use of the services is at your sole risk. The services and the information presented on Gander Publishing's website(s) are provided on an "as is" basis without any representation or warranty of any kind, including but not limited to merchantability, fitness for a particular purpose, suitability, reliability, noninfringement, result, or outcome. Any representation or warranty that might be otherwise implied is expressly disclaimed by Gander Publishing and the Information Providers.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device such as loss of data that results from the download of any such material.
Limitation of Liability
To the maximum extent permissible by law, neither Gander Publishing nor any of its Information Providers, members, subsidiaries, affiliates, service providers, licensors, officers, directors, employees, or agents shall be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or relating to this agreement, your use of the Services, access to or inability to access the Services, use of or reliance on the information in or through the Services, or resulting from the use or the inability to use the Services, including but not limited to damages for loss of profits, use, data, goodwill, business reputation, the cost of procurement of substitute goods or services, or any other intangible loss, even if such party has been advised of the possibility of such damages. Neither Gander Publishing nor any of its Information Providers, members, subsidiaries, affiliates, service providers, licensors, officers, directors, employees, or agents shall be liable to you or others for liability or damages under contract or tort theories or any damages caused by viruses, "Trojan Horses," "Worms," "Time Bombs," or any other damaging computer programming routines or engines contained within electronic files of the website(s) or any linked site, regardless of prior notice to Gander Publishing or its Information Providers. In no event shall Gander Publishing be liable for damages to you or any third party for any deficiency, error, or interruption in the services.
Limitation of Claims
Unless statute mandates a lesser period, any action on any claim against Gander Publishing and/or its Information Providers must be filed by the user within one (1) year following the date the claim first accrued or it shall be deemed waived.
Gander Publishing will, in appropriate circumstances, remove from its website(s) information that might infringe on the intellectual property rights of others. If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on its website(s) or on sites to which the website(s) link, you must provide Gander Publishing's Copyright Agent with notice, including substantially the following:
- (i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- (ii) A description of the copyrighted work or works that you claim have been infringed and an identification of what material in such work(s) is claimed to be infringing and which you request to be removed from the website. If multiple copyrighted works are covered by a single notification, a representative list of such works must be provided;
- (iii) Identification of the location on the website of the allegedly infringing material(s) reasonably sufficient to permit Gander Publishing to locate the material(s);
- (iv) Information reasonably sufficient to permit Gander Publishing to contact you, including your physical address, telephone number, fax number and, if available, your direct email address;
- (v) A statement by you that you have a good faith belief that the use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (vi) A statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of copyright infringement should be mailed to Gander Publishing's Copyright Agent at the following address:
Copyright Agent — Website Issues
PO Box 780
Avila Beach, CA 93424
The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is ocurring on the website(s) or on sites linked to from the website(s). All other inquiries directed to the Copyright Agent will not receive a response.
Additional Disclosures and Information
Gander Publishing's website(s) (excluding linked sites) are controlled by Gander Publishing from its offices within the State of California, U.S.A. By accessing the website(s), you and Gander Publishing agree that all matters relating to your access to, or use of, the website(s) shall be governed by the statutes and laws of the State of California, without regard to conflicts of laws principles. You and Gander Publishing also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Luis Obispo County and the United States District Court for the Central District of California with respect to such matters. Gander Publishing makes no representation that the Services (and the content and information included therein) are appropriate for use in other locations. Those who choose to access the Services from locations outside California shall be responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, you agree that Gander Publishing shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of Gander Publishing as reflected by that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure by Gander Publishing to enforce or exercise any provision of this Agreement of Use or related rights shall not constitute a waiver of that right or provision. The headings used in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. Gander Publishing may make changes to these Terms and Conditions from time to time. When these changes are made, Gander Publishing will post a new copy of the Terms and Conditions on the website(s). You understand and agree that if you use the Services after the date on which the Terms and Conditions have changed, Gander Publishing will treat your use as acceptance of the updated Terms and Conditions.
For additional information about Gander Publishing's website(s) or Services, please contact Customer Service at 800.554.1819.
Effective Date: March 11, 2010
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