Global PD Terms of Use

Privacy

Solution Tree Inc, is concerned about the safety and privacy of all Users and others, particularly students, affected by the Service. Therefore, Users shall adhere to requirements under specific federal and state laws applicable to those involving student information, including but not limit to The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).

User License

Users are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use the Service for non-commercial use only. Modifications of any materials in the Service or use of the materials for any purpose other than as contemplated in the Service is a violation of Solution Tree' copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on the Service unless specifically authorized in writing by Solution Tree to do so. Solution Tree does not guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Postings

To the extent that certain aspects of the Service provide Users an opportunity to post messages or provide other information (collectively, "Postings"), BE ADVISED THAT SOLUTION TREE HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE IN THE SERVICE, and Postings do not necessarily reflect the views of Solution Tree. To the fullest extent permitted by applicable laws, Solution Tree shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance in the Service. The Postings and any personal information you submit for viewing may be accessible and viewable to other Users on your Account. Solution Tree reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

You hereby authorize Solution Tree to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Solution Tree or such other parties see fit. You shall have no claim or other recourse against Solution Tree for infringement of any proprietary right in Postings.

Unlawful Use

As a condition of your use of the Service, you warrant to Solution Tree that you will not use the Service for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You agree not to obtain or attempt to obtain through the Service any materials or information not intentionally made available to you through the Service.

Maintenance

Solution Tree reserves the right at any time to suspend the Service, or any part thereof, with or without notice, for the purpose of performing maintenance. You agree that Solution Tree will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, or any part thereof.

Links to Other Sites

The Service may provide links to third party websites or resources. Because we do not control such websites and resources, you acknowledge and agree that Solution Tree is not responsible or liable for the content, products or performance of such third party websites and resources, and you hereby irrevocably waive any claim against Solution Tree with respect to such websites and resources. Solution Tree reserves the right to terminate any link at any time without notice. The inclusion of a link to such another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Solution Tree of that website or resource, or any products or services provided therein. The information practices of those websites are not covered by our privacy policy or any other policies or terms applicable to the Service. We recommend that you review any terms of use and privacy policy of any linked third party website before providing any information to that website or using its products and services.

Copyright and Trademark Notices

The entire content of the Service and any supporting software are the proprietary property of Solution Tree and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service without the express written consent of Solution Tree and/or its licensors is strictly prohibited.

You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Solution Tree.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• 1)
  YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOLUTION TREE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• 2)
  SOLUTION TREE MAKES NO WARRANTY THAT
  • a.i)
    THE SERVICE WILL MEET YOUR REQUIREMENTS,
  • a.ii)
    THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  • a.iii)
    THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
  • a.iv)
    THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
  • a.v)
    ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED.
• 3)
  ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, FROM THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; SOLUTION TREE SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICE.

Limitation of Liability

IN NO EVENT SHALL SOLUTION TREE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• 1)
  THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICE;
• 2)
  THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
• 3)
  UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• 4)
  STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
• 5)
  ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Solution Tree and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another User.

Submissions

Solution Tree always welcomes suggestions and comments regarding the Service from Users. Any comments or suggestions submitted to the Service or Solution Tree, either online or offline will become Solution Tree's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Solution Tree might seem to others to be similar to their own submissions or comments.

General Information

The Terms of Use govern your use of the Service and supplement any prior agreements between you and Solution Tree concerning the Service. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The failure of Solution Tree to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.