CONDITIONS OF USE – Updated May 24, 2018
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS PFAS LLC’s WEBSITES OR SERVICES.
USE OF PFAS LLC’s SERVICE
You agree not to use PFAS LLC for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws in your jurisdiction. You agree not to upload or transmit viruses, worms, malware, or any other code that will damage or impair the PFAS LLC, Aquaponics University or classmarker.com’s website. You accept sole responsibility for all your activities using all PFAS LLC’s services and content, including any content you transmit, submit, post or share on Subscribers’ Website and/or services..
In addition to all the above prohibitions, you agree that you will not knowingly use PFAS LLC’s Services to:
(a) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
(b) Spam or engage in unethical marketing, advertising, any other practice connected in any way to spam including, sending content or emails which do not comply with the CAN-SPAM Act of 2003.
PFAS LLC reserves the right to investigate any of your activity involving the use of PFAS LLC’s Services.
PFAS LLC and Concept to Licensing LLC’s content is the property of Colle Davis. Unless otherwise stated, all content is protected by the Copyright Laws of the United States in addition to foreign copyright laws and international conventions and treaties. PFAS LLC does not claim any intellectual property rights over content on Subscribers’ Websites. All rights are reserved unless otherwise stated.
CONTENT ON SUBSCRIBER’S WEBSITE
PFAS LLC does not monitor its Subscribers’ Websites or any contents placed on Subscribers’ Websites. References to any products or links to third party sites provided by Subscribers on Subscribers’ Websites are not owned or controlled by PFAS LLC. PFAS LLC has no control over, and assumes no responsibility for any content, product offered for sale or sold by Subscribers, any third party content, and the polices of Subscribers’ or any third party. PFAS LLC does not endorse, recommend or favor any products offered for sale or sold by Subscribers.
YOUR ACCOUNT AND PROFILE
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, PFAS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH PFAS LLC’s SERVICE AND SUBSCRIBERS’ WEBSITES AND YOUR USE THEREOF. PFAS LLC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF SUBSCRIBER’S CONTENT ON SUBSCRIBERS’ WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE SUBSCRIBER’S WEBSITE.
IN NO EVENT SHALL PFAS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON SUBSCRIBERS’ WEBSITES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PFAS LLC’S SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PFAS LLC’s SERVICE OR SUBSCRIBERS’ WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PFAS LLC’S SERVICE OR SUBSCRIBERS’ WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PFAS LLC’S SERVICE OR SUBSCRIBERS’ WEBSITES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PFAS LLC SHALL NOT BE LIABLE FOR SUBSCRIBER’S CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. PFAS LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH PFAS LLC’S SERVICE OR SUBSCRIBERS’ WEBSITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PFAS LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. PFAS LLC MAKES NO REPRESENTATIONS THAT PFAS LLC’S SERVICE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE PFAS LLC’S SERVICE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless PFAS LLC and Concept to Licesning LLC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to PFAS LLC’s Service or Subscribers’ Websites; (ii) your violation of any term of these Conditions of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Conditions of Use and your use of PFAS LLC’s Services by them or their affiliate companies.
PFAS LLC shall not be liable, under any circumstances, for any delay, disruption or failure of PFAS LLC’s Services or Subscribers’ Websites directly or indirectly resulting from events beyond the control of PFAS LLC or Concept to Licensing LLC.
PFAS LLC does not take any responsibility for any additional condition of use of Subscribers’ Website. Any additional conditions of use or policies of PFAS LLC’s Subscribers shall not limit or modify any of the terms of this Condition of Use including, without limitation, the Warranty Disclaimers and Limitation of Liability section stipulated above.
PFAS LLC will share your personal information with third parties only in the ways that are described herein. PFAS LLC does not sell your personal information to third parties. PFAS LLC’s Serviced provides the ability to share your personal information with PFAS LLC’s Subscribers. We may provide information and/or personal user content to service providers to help us provide the PFAS LLC Service. Specifically, we may use third parties to facilitate our business, such as to host the service, to send out email updates about PFAS LLC’s Service, and to process payments for products or services offered by our Subscribers. In connection with these business operations, our service providers may have access to your personal information and/or content for use for a limited time in connection with these business activities. When you sign up for PFAS LLC’s Service, we will share your personal information only as necessary for the third party to provide that service. We occasionally provide demonstrations of PFAS LLC’s Service to potential Subscribers. Any information provided in a demonstration is provided in a form which protects your information. We may be required to disclose your personal information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through PFAS LLC’s Service. This may include sharing information with other companies, lawyers, agents or government agencies. All such sharing of information by you on a Subscribers’ Website is done at your own risk.
We use your IP Address to help diagnose problems with our server, and to administer our Web site. Due to the communications standards on the internet, when you visit Our Site we automatically receive the URL of the site from which you came and the site to which you are going when you leave Our Site. Additionally, classmarker.com and web-stats.net also receive the URL of the page you were on when you click on an ad on Our Site. Our Site also receives the internet protocol (“IP”) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, your mobile device (including your UDID) and mobile operating system (if you are accessing Our Site using a mobile device), as well as the name of your ISP or your mobile carrier.
- Billing Information. In order to use PFAS LLC’s or Concept to Licensing LLC’s Service and Subscribers’ Websites and for PFAS LLC to process any transactions you authorize, you will be required to provide your billing information, including information such as your name, address, phone number, and email. PFAS LLC will provide your information to a third-party payment processing service which will store your billing information on their secure payment system for as long as is necessary for you to use PFAS LLC’s Service. PFAS LLC will not retain your billing information. We may retain, however, the last 4 digits of your credit card information and card type so that we may identify the card used in the future. Upon cancellation of the PFAS LLC’s Service by you, PFAS LLC will retain your personal information for a period up to one (1) year to facilitate any renewal initiated by you.
- Contacting You.PFAS LLC will use your personal information to contact you regarding the PFAS LLC Service as well as send you promotional materials. You may opt out of receiving any promotional materials by following the instructions on our website.