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Web Site Terms and
Conditions of Use
We have taken every effort to design our Web site
to be useful, informative, helpful, honest and fun.
We hope we've accomplished that and would ask
that you let us know if you'd like to see improvements or changes
that would make it even easier for you to find the information you
need and want.
All we ask is that you agree to abide by the following
Terms and Conditions. Take a few minutes to look them over because
by using our site you automatically agree to them. Naturally, if
you don't agree, please do not use the site.
We reserve the right to make any modifications that
we deem necessary at any time. Please continue to check these terms
to see what those changes may be! Your continued use of the LearnShareProsper.com
Web site means that you accept those changes.
1. We agree to provide you access to Our Site in accordance
with the Terms of Use.
2. You agree to use Our Site in a manner consistent
with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an "as
is, as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR
SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC
ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED
AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE
SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY, FOR INTERNAL MARKETING PURPOSES ONLY, COLLECT,
PROCESS AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE
OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the
online materials on our Site on one computer for your personal,
non-commercial use only but you may not in so doing remove or amend
any trademark, copyright or other proprietary notice.
8. Subject to the above, you may not modify, copy,
distribute, republish or upload any of the online materials on our
Site without our prior consent in writing. No intellectual property
or other rights shall be transferred to you.
9. To the extent that portions of our Site (such as
"chat rooms" or "bulletin boards") provide users
an opportunity to post and exchange information, ideas and opinions
("Postings"), BE ADVISED THAT WE DO NOT SCREEN, EDIT,
OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and
Postings do not necessarily reflect our views. To the fullest extent
permitted by applicable laws, we exclude all responsibility and
liability for the Postings or for any losses or expenses resulting
from their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS
EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE
AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE,
LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT,
LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER
LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OUR SITE OR ANY WEB SITE WITH WHICH IT
IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH
PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
11. We reserve the right to monitor all materials
posted on this bulletin board ("Postings") and to remove
any which we consider in our absolute discretion to be offensive
or otherwise in breach of these Terms of Use.
12. You hereby represent and warrant that you have
all necessary rights in and to all Postings you provide and all
material they contain and that such Postings shall not infringe
any proprietary or other rights of third parties.
13. Where we provide hypertext links to other sites
we do so for information purposes only, and such links are not endorsements
by us of any products or services in such sites and we accept no
liability nor make any endorsement or approval of the same.
14. The Terms of Use contain the entire understanding
between us with respect of Our Site and no representation, statement,
or inducement, oral or written, not contained herein shall bind
either of us. The terms of use may be amended at any time by us
without specific notice to you. The latest terms of use will be
posted on the site, and you should review this agreement prior to
using our site.
15. Should any part of the Terms of Use be declared
invalid or unenforceable by a court of competent jurisdiction, this
shall not affect the validity of any remaining portion and such
remaining portion shall remain in full force and effect as if the
invalid portion of the Terms of Use had been eliminated.
16. This Agreement is governed by the laws of the
State of California, without regard to principles of conflict of
laws.
To the extent you have in any manner violated or threatened
to violate LearnShareProsper.com and/or its affiliates' intellectual
property rights, LearnShareProsper.com and/or its affiliates may
seek injunctive or other appropriate relief in any state or federal
court in the State of California, and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree
to first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: San Luis Obispo County. Any
costs and fees other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: San Luis Obispo County, under the rules
of JAMS. Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so.

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