A-LIST SERVICES LLC
Last Modified: January 2009
Site Terms and Conditions; Modifications
These Terms and Conditions govern your use of the alisteducation.com and the vocabvideos.com websites (collectively, the "Site") owned by A-List Services LLC ("A-List"). Your use of the Site constitutes your agreement to abide by the provisions of these Terms and Conditions.
We may from time to time modify the Terms and Conditions by posting revised Terms and Conditions on the Site. Your continued use of the Site after any such modification indicates your agreement to the new terms.
Linked Sites; Endorsement Disclaimer
The Site may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by test companies, advertisers, licensors, licensees, and promotional and business partners of A-List. The Site has no control over the content of the Linked Sites, and A-List does not assume any obligation to review any Linked Sites.
Any link to a Linked Site or other references herein to any test company, vendor, product or services by trade name, trademark, or manufacturer or otherwise does not constitute or imply the endorsement, recommendation or approval of A-List by such third parties.
The Site may offer community features such as message or bulletin boards, forums, and chat rooms. In such events, A-List will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on the Site, although A-List reserves the right to do so in its sole discretion. A-List does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you upload or post to the Site, you represent and warrant to A-List that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to the Site: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).
A-List reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. A-List also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on the Site that violate these Terms and Conditions and to deny access by any user to the Site.
Copyright and Trademark
Any content and tools appearing on the Site, including, without limitation, information, software, photos, video, graphics, music, sounds or other material (collectively, the "Content") are protected by copyright. Test names and other trademarks and trade names are the property of the respective trademark holders, none of whom are affiliated with A-List or the Site. All of the Content is owned by or licensed to A-List or owned by third parties and all rights are reserved. You acknowledge that the Site and the Content is protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
The Content may be downloaded or reprinted for your personal non-commercial use only. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You agree not to upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without first obtaining the express written permission of A-List.
Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. YOU UNDERSTAND THAT THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED BY A-LIST THROUGH OR IN CONNECTION WITH THE SITE OR OTHERWISE, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY NATURE OR KIND. A-LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE OR KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
A-LIST MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES A-LIST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY OF THE CONTENT AND INFORMATION OBTAINED ON THE SITE OR THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. A-LIST MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL A-LIST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR THE SERVICES OR BECAUSE OF ANY INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER A-LIST WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless A-List and any of its parents, subsidiaries, affiliates, managers, officers, employees, agents, distributors, third-party providers, and licensors (and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Site or your breach of any of these Terms and Conditions.
Some areas of the Site may be restricted to authorized users only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorized users only.
You may not violate or attempt to violate the security of the Site, including, without limitation (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, conducting "denial of service attacks", "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
Violations of system or network security may result in civil or criminal liability. A-List will investigate occurrences which may violate the foregoing and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Governing Law; Venue
These Terms and Conditions are governed by the laws of the State of New York applicable to contracts made and performed in New York without regard to any applicable conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state or federal courts sitting in the State of New York in the County of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of these Terms and Conditions and will not affect the validity or enforceability of the remainder hereof.