and any other site owned and/or operated by or on behalf of Lectorum Inc. or
to herein as "Lectorum.com" and "Lectorum" and/or “we” respectively).
USE OF MATERIALS
This site is owned and operated by Lectorum Publications Inc. and/or, in the
case of certain features, its third party service providers, and unless
otherwise indicated the contents of Lectorum.com are the property of Lectorum
and are protected, without limitation, pursuant to U.S. and foreign copyright
and trademark laws. No material from Lectorum.com may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single computer for your
personal non-commercial use only, provided you keep intact all copyright and
other proprietary notices. Modification of the materials or use of the materials
for any other purpose is a violation of Lectorum's copyright, trademark, and
trade secret rights and others' proprietary rights. For purposes of this Agreement,
the use of any such material on any other web site or networked computer environment
In the event you download software from the site, the software including any
files, images incorporated in or generated by the software and data accompanying
the Software (together, the "Software") are licensed to you by Lectorum.
Lectorum does not transfer title to the Software to you. As between you and
Lectorum, Lectorum retains full and complete right, title, and interest in
and to the Software and all intellectual property rights therein. You may not
redistribute, sell, decompile, reverse-engineer or disassemble the Software.
You hereby grant Lectorum and its agents and licensees a worldwide, royalty-free,
fully-paid, perpetual, non-exclusive license to use, including without limitation
the right to copy, publish, perform, display and distribute and/or adapt, any
material you upload to, distribute through or post on Lectorum.com, including
without limitation via message boards, chat rooms and/or blogs or any other features
on Lectorum.com, in whole or in part, alone or in combination with other material,
in any and all media, now known or hereafter devised.
Derogatory, harmful or unlawful conduct is not permitted on Lectorum.com. Users
are not permitted to upload to, distribute through, or otherwise publish through
Lectorum.com any content which is libelous, defamatory, obscene, pornographic,
threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise
objectionable that would constitute or encourage a criminal offense, violate
of any party, or that would otherwise give rise to liability or violate any
law. Unauthorized commercial messages and/or public announcements are not allowed
on Lectorum.com. Unauthorized collection and/or use of email addresses via
Lectorum.com is also not allowed.
Please be aware that generally, information you post on, upload to or distribute
through a message board, chat room, blog or any similar feature will be accessible
by other users of Lectorum.com. Please be sure that any such information is
information that you are comfortable sharing with the public.
Users are solely responsible for the content of their messages including without
limitation the content of Class Homepages created by teachers using the Class
Homepage Builder, message board postings and/or comments made in chat rooms and/or
any other features on Lectorum.com. Lectorum is not responsible for the content
or accuracy of any information posted, uploaded or transmitted by users of Lectorum.com
including without limitation the content of Class Homepages created by teachers
using the Class Homepage Builder message board postings and/or comments made
in chat rooms and/or any other features on Lectorum.com. You acknowledge that
Lectorum may or may not pre-screen and/or monitor content posted on Lectorum.com,
and that Lectorum shall have the right to remove, edit, move or close, in whole
or in part, any thread or posting in any chat room and/or similar feature on
Lectorum.com at any time for any reason, in Lectorum’s sole discretion.
You hereby agree to comply with all laws that apply or may apply to your use
of or activities on Lectorum.com and any rules for conduct on Lectorum.com
or use of specific features and/or services offered thereon that may be posted
NO PERSONAL ADVICE
Any informational materials provided on Lectorum.com, including without limitation
the opinions and/or recommendations of any authors and/or moderators, are not
intended to substitute for any professional educational, medical, legal, psychiatric,
employment or other advice. Without limitation of the Disclaimer paragraphs set
forth below, Lectorum makes no representations or warranties regarding, and
expressly disclaims any and all liability concerning, any action by any person
following the information offered or provided within or through Lectorum.com.
If you have concerns or a situation in which you require professional advice,
then you should consult with an appropriately qualified professional in the relevant
Your correspondence and dealings with third parties including without limitation
job seekers, employers and/or advertisers that you encounter via Lectorum.com
are solely between you and such entity. You agree that Lectorum shall not be
responsible or liable for any dispute, loss or damage of any sort incurred as
a result of any such dealings. In addition, you acknowledge that Lectorum does
not endorse, verify, or make any representations regarding any third party advertisements,
products or services and does not confirm that each user of Lectorum.com is
who the user claims to be. It is your sole responsibility to research and verify
the legitimacy of any organization, individual or prospective employer advertising
on Lectorum.com, and you are solely responsible for your decision to submit
personal information to any third party, whether in connection with potential
employment or otherwise.
With respect to items sold by Lectorum online in The Lectorum Store and The
Lectorum Teacher Store, we do NOT charge your credit card until after your
order has entered the shipping process. From time to time, however, some items
in our online stores may be mispriced. If we discover an item that you have ordered
is mispriced, we may do one of the following:
If an item's correct price is lower than our stated price, upon becoming aware
of the issue we will contact you and refund the difference of the amount paid
by you and the item's correct price.
If an item's correct price is higher than our stated price, we will contact
you upon becoming aware of the issue for instructions. If we become aware of
the issue before the item has shipped, we reserve the right to cancel your order
and notify you of such cancellation.
CHANGES TO SITE
Lectorum may add, change, discontinue, remove or suspend any portion of Lectorum.com
at any time, without notice.
Certain portions of Lectorum.com may ask you to create an account. If you choose
to create such an account, you agree to provide only true, accurate, current
and complete information. You further agree to accept all responsibility for
all activities that occur under your account or password, if any, and that you
will not sell, transfer or assign your account or allow others to use it. You
are responsible for maintaining the confidentiality of any user name and/or password
that may assigned to or selected by you so that others may not access any members-only
or password-protected portions of Lectorum.com using your account and/or identity.
Lectorum reserves the right, in its sole discretion and without notice to you,
to terminate your account and/or to restrict your access to all or part of Lectorum.com
for any reason, including without limitation for extended periods of inactivity.
This Agreement is effective until terminated by either party. You may terminate
this Agreement at any time by destroying all materials obtained from Lectorum.com
and all related documentation and all copies and installments thereof whether
made under the terms of this Agreement or otherwise. This Agreement will terminate
immediately without notice from Lectorum, if in Lectorum's sole discretion
you fail to comply with any term or provision of this Agreement, if you are a
repeat infringer of any third party's rights, or if you engage in conduct that
is illegal, tortious or that interferes with the technological operation of this
site. Upon termination, you must destroy all materials obtained from Lectorum.com
and all copies thereof, whether made under the terms of this Agreement or otherwise.
LECTORUM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO LECTORUM.COM
OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." LECTORUM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO LECTORUM.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. LECTORUM
DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON LECTORUM.COM
OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT LECTORUM.COM, OR ITS
CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF LECTORUM.COM
OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES,
WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. LECTORUM DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS ON LECTORUM.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT LECTORUM) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL LECTORUM BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON
LECTORUM.COM, EVEN IF LECTORUM OR A LECTORUM AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
LECTORUM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
(WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING LECTORUM.COM.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING LECTORUM.COM
CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY
WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY
SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
By using Lectorum.com, you agree to indemnify, defend and hold harmless Lectorum
from and against any actual or alleged claims, demands, causes of action, judgments,
damages, losses, liabilities, and all costs and expenses of defense (including,
without limitation, reasonable attorneys' and other legal fees and costs) arising
or regulation; (2) a claim that is based on your use of any content on Lectorum.com;
or (3) any material uploaded by you or through your computer to Lectorum.com
or otherwise sent by you to Lectorum. You will cooperate as fully and reasonably
as required by Lectorum in the defense of any claim. Lectorum reserves the
right to assume the exclusive defense and control of any matter subject to indemnification
by you, and you will not in any event settle any claim without the prior written
consent of Lectorum.
Lectorum.com is controlled and operated by Lectorum from its offices
in New Jersey, United States of America. Lectorum makes no representation that
materials on Lectorum.com are appropriate or available for use in other locations.
Those who choose to access Lectorum.com from other locations do so on their
own initiative and are responsible for compliance with local laws, if and to
the extent local laws are applicable. Software from this site is further subject
to United States export controls. No software from Lectorum.com may be downloaded
or otherwise exported or re-exported (i) into (or to a national or resident of)
Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the
United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading
or using the Software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any
This Agreement shall be governed by and construed in accordance with
the laws of the state of New Jersey, without giving effect to any principles of
conflicts of law. You and Lectorum each agree to submit to the exclusive jurisdiction
of the courts of the state of New Jersey and the federal courts of the southern
district of New Jersey. If any provision of this Agreement shall be unlawful, void
or for any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability of any
remaining provisions, and such provisions shall be deemed modified so that its
purpose can be lawfully effectuated and enforced. This is the entire agreement
between the parties relating to the subject matter herein.
PERMISSION FOR REPRINTS
All material on Lectorum.com without limitation, is protected by U.S.
and foreign copyright and trademark laws. In order to request permission to reprint
any material on Lectorum.com (outside of personal, non-commercial use), please
205 Chubb Avenue
Lyndhurst, NJ 07071
PERMISSION FOR WEB LINKING
If you link to Lectorum.com, you may only link to the home page, and the link
must be in plain text, unless otherwise approved in writing by Lectorum. Any
such link must not damage, dilute or tarnish the goodwill associated with Lectorum
and/or any Lectorum intellectual property, nor may the link create the false
appearance that your web site or organization is sponsored, endorsed by, affiliated
or associated with Lectorum, and you may not “frame” Lectorum.com.
You may not link to Lectorum.com from any web site that is unlawful, abusive,
indecent or obscene, that promotes violence or illegal acts or that is otherwise
inappropriate in Lectorum’s sole discretion. Lectorum reserves the
right, in its sole discretion, to terminate any link from any web site.
To request permission to place a link from your web site to Lectorum.com,
please send your name, address, web site URL, and nature of the web site to:
COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to
Lectorum Publications, Inc.
205 Chubb Avenue
Lyndhurst, NJ 07071
The notification must be in writing and include:
- A signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
- Identification of each alleged infringing copyrighted work or works;
- Identification of the allegedly infringing material and information reasonably
sufficient to enable us to locate such material;
- Information reasonably sufficient to enable us to contact the party complaining
of an alleged infringement (e.g. an address, telephone number, and email address);
- A statement that the complaining party has a good-faith belief that use of
the allegedly infringing material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Lectorum reserves the right, at its sole discretion, to change, modify,
use may be viewed at http://www.lectorum.com/terms.htm along
with the date of most recent update.
For other questions about Lectorum.com, please consult CUSTOMER
Most recently updated January 2010.