This policy is valid from May 6, 2015
The following terms and conditions govern all use of the www.melissamazur.com website and all content, services and
products available at or through the website. The Website is owned and operated by Melissa Mazur (Learning Lab
Resources, LLC). The Website is offered subject to your acceptance without modification of all of the terms and
conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Melissa Mazur (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Melissa Mazur, acceptance is expressly limited to these terms.
Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post
links on the Website, or otherwise make (or allow any third party to make) material available by means of the
Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting
from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an
audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Melissa Mazur for inclusion on your Website, you grant Melissa Mazur a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose
of displaying, distributing and promoting your blog. If you delete Content, Melissa Mazur will use reasonable
efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be
made immediately unavailable.
Without limiting any of those representations or warranties, Melissa Mazur has the right (though not the obligation) to, in Melissa Mazur’s sole discretion (i) refuse or remove any content that, in Melissa Mazur’s reasonable opinion,
violates any Automattic policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use
of the Website to any individual or entity for any reason, in Melissa Mazur’s sole discretion.Melissa Mazur will have
no obligation to provide a refund of any amounts previously paid.
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
Responsibility of Website Visitors. Melissa Mazur has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Melissa Mazur does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Melissa Mazur disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which www.learninglabresources.com links, and that link to www.learninglabresources.com. Melissa Mazur does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Melissa Mazur does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Melissa Mazur disclaims any responsibility for any harm resulting from your use of other websites and webpages.
Copyright Infringement and DMCA Policy. As Melissa Mazur asks others to respect her intellectual property rights, she respects the intellectual property rights of others. If you believe that material located on or linked to by www.learninglabresources.com violates your copyright, you are encouraged to notify Melissa Mazur in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. Melissa Mazur will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Melissa Mazur will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Melissa Mazur or others. In the case of such termination, Melissa Mazur will have no obligation to provide a refund of any amounts previously paid to Melissa Mazur.
Intellectual Property. This Agreement does not transfer from Melissa Mazur to you any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Melissa Mazur. Melissa Mazur, www.learninglabresources.com, the Learning Lab Resources logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Melissa Mazur's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Melissa Mazur's or third-party trademarks
Changes. Melissa Mazur reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Melissa Mazur may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Melissa Mazur may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website.
Disclaimer of Warranties. The Website is provided “as is”. Melissa Mazur and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Melissa Mazur nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk
Limitation of Liability. In no event will Melissa Mazur, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Melissa Mazur under this agreement during the twelve (12) month period prior to the cause of action. Melissa Mazur shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Miscellaneous. This Agreement constitutes the entire agreement between Melissa Mazur and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Melissa Mazur, or by the posting by Melissa Mazur of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cleveland, Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Melissa Mazur may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.