May 13, 2008
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Site Terms of Use

Agreement for Use of Site and Services


Welcome to ResourcesNOW.com (“Website” or “Site”), a website dedicated to bringing resources for therapeutic education to educators, healing professionals and parents of teenagers or young adults struggling academically, emotionally, or behaviorally. By using the Site, you are agreeing to comply with the terms of use and to be bound by this Agreement for Use and Services (“Agreement”).

THE TERMS IN THIS AGREEMENT ARE A BINDING CONTRACT BETWEEN YOU AND ResourcesNOW. PLEASE READ IT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE THIS SITE. YOUR USE OF THIS SITE CONSTITUTES ACCEPTANCE OF ALL THE TERMS OF THIS AGREEMENT, WITHOUT EXCEPTION.


Entire Agreement.
This Agreement for Use and Services (“Agreement") is the entire agreement between you and ResourcesNOW, L.L.C. (“ResourcesNOW”) with regard to the website, except that if you purchase Services through the Site the terms of that purchase shall be governed by your Order for Services. ResourcesNOW may amend this Agreement at any time and will do so from time to time without specific notice to you. The latest Agreement will be posted on the Site as it is amended. Each time you enter the site, you should review this Agreement prior to using the Site. Use of the Site constitutes acceptance of all terms of this Agreement.

Copyright. The entire content of the Site, in whatever form, is the intellectual property of ResourcesNOW or other entities contracting with ResourcesNOW and is protected by all applicable copyright and trademark laws. You agree not to copy, redistribute, use or publish any of the Site content absent prior written approval from ResourcesNOW. Any information you post to the Site, with the exception of any Site Services listed below, becomes the property of ResourcesNOW.

Service Marks.
"ResourcesNOW.net" and any other marks denoted with a TM or SM belong to ResourcesNOW. Other product and company names mentioned on the Site are trademarks of their respective owners and should not be used by you for any purpose absent permission from the owner of the mark.

Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) only for legal activities, mean that your use will comply with all applicable state, federal and local laws, rules and regulations; and (c) to print out discrete information from the Site solely for personal and/or non-commercial use, provided that you maintain all copyright and other policies contained therein. If, in the sole judgment and discretion of ResourcesNOW, you are in violation of any of the above permitted use provisions, ResourcesNOW will take any and all steps appropriate in its judgment to remedy the same and shall not be held liable therefore for any reason.

Restrictions and Prohibitions on Use. Your license for access and use of the Site’s content and materials, whatever kind, are subject to the restrictions listed below unless otherwise excepted elsewhere in this agreement. You may not: (a) copy, print, republish, display, distribute, transmit or otherwise make available any portion of the Site or its Content and Materials; (b) use the Site or any materials obtained from the Site to develop any database or similar storage and retrieval system that is offered for commercial distribution of any kind; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site or the Site itself in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) use the Site for gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; and/or (g) use the Site in a manner that violates any state or federal law.

Forms, Agreements & Documents. ResourcesNOW makes available through the Site certain sample and actual forms, checklists, and business documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only and are intended only as samples. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND RESOURCESNOW AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STATE LAWS MAY REQUIRE DIFFERENT OR ADDITIONAL PROVISIONS TO ENSURE THE DESIRED RESULT. YOU SHOULD CONSULT WITH LEGAL COUNSEL TO DETERMINE THE APPROPRIATE LEGAL OR BUSINESS DOCUMENTS NECESSARY FOR YOUR PARTICULAR TRANSACTIONS.

No Legal Advice or Attorney-Client Relationship. Information contained on or made available through the Site is not intended as and does not constitute legal advice or counseling and no attorney-client or any other professional relationship is formed by consulting the Site and seeking information there from. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.

Linking to the Site. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, (c) your site does not offer services competitive with ResourcesNOW, as judged at the sole discretion of ResourcesNOW; and (d) you discontinue providing links to the Site immediately upon request by us, regardless of the reason for the request.

Advertisers. The Site may contain advertising and sponsorships. If you are or become an advertiser and/or sponsor, you are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. ResourcesNOW is not responsible for any aspect of the information provided by advertisers and sponsors and is specifically not responsible for any illegality or for any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

Registration. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide ResourcesNOW with accurate, complete registration information including, but not limited to your real name and an e-mail address at which you can be contacted. Each registration is for your personal use only and not on behalf of any other person or entity. ResourcesNOW does not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

Invasive Software. ResourcesNOW will use industry standard and commercially reasonable means to protect the Site and your local system as it connects to the Site from viruses, worms and other harmful or invasive software. ResourcesNOW cannot, however, guarantee that you will not be exposed to the same. You agree to use this Site at your own risk.

Third Party Content. While third party content may appear on the Site or may be accessible via links from the Site, ResourcesNOW cannot, of course, guaranty that the information contained on those third party sites is accurate. As such, ResourcesNOW is not responsible for, directly or indirectly, any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect the beliefs of ResourcesNOW.

Indemnification. You agree to indemnify, defend and hold harmless ResourcesNOW from any liability, loss, claim and expense, including reasonable attorney's fees, directly or indirectly related to your violation of this Agreement or use of the Site.

Nontransferable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Limitation of Liability. You agree that we shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site in any way, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party. Furthermore, and only in the event of liability not otherwise barred by the above, THE AGGREGATE LIABILITY OF RESOURCESNOW AND ANY AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED ANY AND ALL AMOUNTS PAID TO RESOURCESNOW OR ITS AFFILIATED PARTY(IES) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES.

Use of Information. For all information posted or otherwise provided to the Site by you as public Site member who has not otherwise purchased any ResourcesNOW services, ResourcesNOW reserves the right, and you authorize us, to use and assign all information regarding Site use by the user and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Public Submission") will forever be our property. We will not be required to treat any such Public Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to any Public Submission of every kind and nature. We shall be entitled to use the Public Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Public Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

For all information posted to the Site upon purchase of the Services offered by ResourcesNOW, you will retain ownership of your intellectual property but will issue ResourcesNOW a non-transferable, non-exclusive license to publish the same on its Site until such a time as you elect to no longer purchases Services from ResourcesNOW. To revoke this license you hereby agree to notify ResourcesNOW of the same in writing, which writing may be sent via electronic media so long as you have a return receipt for the same.

Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this
link.

Payments. You represent and warrant that if you are purchasing something from ResourcesNOW that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Refund and Return Policy - Goods. To the extent that you purchase any ResourcesNOW goods directly from us, we will refund you your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. You may obtain any additional information concerning our refund and return policy, including our mailing address, by contacting us at
Member Services.




Miscellaneous. This Agreement shall be treated as though it were executed and performed in Chilton County, Alabama and shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict of law principles. Any cause of action by you with respect to the Site and/or any information, Documents, products or services related thereto must be instituted within one (1) year after the cause of action arose or be forever waived and barred. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be stricken from the Agreement and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

 
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