At-Home Resources Terms of Use

95 Percent Group Inc.

Terms of Use for Parent and Teacher At-Home Resources

 

Terms of Use

Legal Restrictions and Terms of Use Applicable to this Site

Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use (these “Terms of Use” or this “Agreement”). If you do not agree to these Terms of Use, please do not use the Site.

The following legal restrictions and terms of use apply to 95 Percent Group Inc.’s website pages for Teacher and Parent at-home resources, www.95percentgroup.com/at-home-resources and www.95percentgroup.com/at-home-client-resources (individually and collectively, the “Site”).  These resources are being made available at no charge through December 31, 2020 to assist with student instruction during school closures related to the COVID-19 pandemic.  Other web pages on the 95 Percent Group Inc. website, www.95percentgroup.com, have different terms of use.

USE OF RESOURCES
This site is owned and operated by 95 Percent Group Inc. and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of the site are the property of 95 Percent Group and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the resources on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the resources or use of the resources for any other purpose is a violation of 95 Percent Group'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 is prohibited.

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 95 Percent Group. 95 Percent Group does not transfer title to the Software to you. As between you and 95 Percent Group, 95 Percent Group 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.

CHANGES TO SITE
95 Percent Group may add, change, discontinue, remove or suspend any portion of the Site at any time, without notice.

TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all resources obtained from the Site 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 95 Percent Group, if in 95 Percent Group'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 resources obtained from 95 Percent Group.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER
95 PERCENT GROUP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." 95 PERCENT GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. 95 PERCENT GROUP DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE 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. 95 PERCENT GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE RESOURCES ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT 95 PERCENT GROUP) 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 95 PERCENT GROUP BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE RESOURCES ON THE SITE, EVEN IF 95 PERCENT GROUP OR A 95 PERCENT GROUP 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 95 PERCENT GROUP'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 THE SITE.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE SITE AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO 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."

INDEMNIFICATION
By using The Site, you agree to indemnify, defend and hold harmless 95 Percent Group 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 out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) a claim that is based on your use of any content on The Site; or (3) any material uploaded by you or through your computer to The Site or otherwise sent by you to 95 Percent Group. You will cooperate as fully and reasonably as required by 95 Percent Group in the defense of any claim. 95 Percent Group 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 95 Percent Group.

JURISDICTIONAL ISSUES
The Site is controlled and operated by 95 Percent Group from its offices in Illinois, United States of America. 95 Percent Group makes no representation that resources on The Site are appropriate or available for use in other locations.

OTHER
This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois, without giving effect to any principles of conflicts of law. You and 95 Percent Group each agree to submit to the exclusive jurisdiction of the courts of the state of Illinois and the federal courts of the Northern District of Illinois. 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 the Site without limitation, is protected by U.S. and foreign copyright and trademark laws. The only permission to reproduce any material is limited to personal, non-commercial use by parents and students and use by classroom teachers.

WEB LINKING

Linking commercial web pages to the Site is not permitted, with the exception of non-commercial social media uses such as personal Facebook and Twitter accounts.

CHANGES TO THE SITE AND TERMS OF USE

95 Percent Group reserves the right, at its sole discretion, to change, modify, add or delete the Site and these Terms of Use at any time. The current Terms of Use may be viewed at https://www.95percentgroup.com/at-home-resources-TOU along with the date of most recent update.

For other questions about The Site, please consult support@95percentgroup.com.

Most recently updated June 2020.