Terms of Service / User Agreement

[AussieHomeschool]

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AussieHomeschool Terms of Service / UserAgreement

Welcome to AussieHomeschool, your family friendly Internet trading boards!AussieHomeschool appreciate your interest in using AussieHomeschool. Use ofAussieHomeschool constitutes your agreement to the following user agreement(“User Agreement”), which includes all terms listed on this page and all rules,policies, and procedures each of which is incorporated by reference and made amaterial part of this User Agreement. You must read and accept the entire UserAgreement, as set forth on this page and all hyperlinked pages, before you mayregister for an account or otherwise use AussieHomeschool. Registration for anaccount constitutes your representation, warranty and agreement that you haveread, understand and agree to be bound by all portions of the User Agreement asif you had signed a written agreement containing the identical terms.

1. Users. Any person accessing or using AussieHomeschool is a “User” forpurposes of this User Agreement, whether or not User has registered for anaccount or posted information on or sold or purchased products usingAussieHomeschool. The term “User” applies individually to each person readingand agreeing to be bound by the User Agreement and collectively to all peoplewho access or use AussieHomeschool. Use of AussieHomeschool indicates User’scomplete acceptance of, and agreement to be bound by the User Agreement,including without limitation all AussieHomeschool policies, terms and conditionsof use. AussieHomeschool is owned and operated by Susan & John Priolo and provided foruse by Users subject and pursuant to the terms and conditions of the UserAgreement and all other Website policies, rules, procedures and practices asestablished, posted and modified from time to time.

2. General Disclaimer. AussieHomeschool may contain information, facts,views, opinions, statements, recommendations, advertisements, sales, links toexternal websites and other content not created, provided, owned or controlledby AussieHomeschool or ADMIN STAFF. ADMIN STAFF and AussieHomeschool make nowarranties or representations as to the accuracy, safety or value of WebsiteContent and accept no responsibility or liability for or arising out of WebsiteContent. AussieHomeschool and ADMIN STAFF accept no responsibility or liabilityfor the actions of any User or third party or for Website Content created,provided, uploaded, linked or posted by any User or third party. WebsiteContent does not necessarily reflect the views, opinions or recommendations ofADMIN STAFF or AussieHomeschool. Reliance upon Website Content is taken atUser’s sole risk.

3. Purpose of AussieHomeschool. AussieHomeschool exists to offer Usersan opportunity to offer, accept, buy, sell, transfer and exchange goods andservices and to share information. Users must follow and abide by the UserAgreement, Website policies and applicable national laws as currently in forceand as subsequently revised, amended or restated. ADMIN STAFF and AussieHomeschoolreserve the sole, discretionary right to (a) suspend or terminate all or anypart of the password, account, use privileges and Website access of any Userand (b) suspend, delete, block out or eliminate any Website Content, at anytime and for any reason, including without limitation a determination by ADMINSTAFF or AussieHomeschool staff that a User has engaged in conduct whichviolates the letter or spirit of the User Agreement, applicable law or anyWebsite policy, rule, procedure or practice. Suspension, termination, deletion,blocking and similar actions may be temporary or permanent at the solediscretion of ADMIN STAFF and AussieHomeschool staff. User understands andagrees that suspension and termination rights referenced in this User Agreementmay be exercised at any time with or without cause or prior notice and mayinclude full deactivation or deletion of User accounts and Website Contentwithout restoration, backup or recourse. ADMIN STAFF and AussieHomeschool haveno responsibility to provide User with copies of any suspended, deleted,blocked, terminated or eliminated Website Content.

4. Description of Service. AussieHomeschool provides User with variousopportunities and services, including without limitation the opportunities toregister for an account, to post information and comments, to offer productsand services for sale and to purchase products and services on and through theAussieHomeschool website. Only Users who agree to all of the terms of the UserAgreement and register for an account are permitted to use and accessAussieHomeschool and services offered on and through AussieHomeschool. ADMINSTAFF and AussieHomeschool accept no responsibility or liability for theability or inability of any User to access or use AussieHomeschool.

5. Fees. There is no cost or fee to create an account atAussieHomeschool or to access Website Content.

6. Status, Use and Content. AussieHomeschool and ADMIN STAFF are nottraders and do not take part in or become a party to transactions between Usersor between Users and third parties. AussieHomeschool is a website which permitsUsers to offer, buy and sell a variety of non-prohibited items pursuant to thespecific terms of the User Agreement. User understands and agrees that ADMINSTAFF and AussieHomeschool do not control Website Content and that each User issolely and completely responsible for all information, data, text, messages,proposals, offers, promotions, sales, purchases, original or derivative ideas,works of authorship, joint works, titles, graphics, artistic works,photographic works, video, concepts, methods, ideas, software, websites,trademarks, trade dress and trade secrets, whether or not patentable orregistrable under patent, copyright, trademark or similar laws, solely or jointlyconceived, and whether or not produced, developed, experimented upon or reducedto practice (collectively, “Material”) and other Website Content created,provided, uploaded, linked or posted by that User. The defined term “WebsiteContent” includes, without limitation, Material posted by Users and thirdparties. ADMIN STAFF and AussieHomeschool neither endorse nor accept anyresponsibility for the acts, omissions and Website Content created, provided,uploaded, linked or posted by User or any third party, whether or not permittedor covered by the User Agreement. AussieHomeschool and ADMIN STAFF do notcontrol, investigate, represent or warrant the nature, fitness, safety,legality, accuracy, quality or veracity of Website Content, including without limitationitems offered for sale on or through AussieHomeschool.

7. Potentially Offensive Content. User understands that use ofAussieHomeschool may result in exposure to Website Content that User findsoffensive, indecent or objectionable and agrees to hold ADMIN STAFF andAussieHomeschool harmless from and against any responsibility or liability foroffensive, indecent or objectionable content and conduct.

8. Agree to abide by terms and conditions of Proboards. For purposes ofthis User Agreement, User shall agree to abide by conditions as set by theboard host, Proboards.

9. Personal Use. AussieHomeschool and related services are madeavailable to User for personal use only. User may create, provide, upload, linkor post Website Content only in and on permitted portions of AussieHomeschooland may write edit, alter, overwrite, block or delete Website Contentoriginally created, provided, uploaded, linked or posted by User pursuant tothe express provisions of the User Agreement. User may not frame or otherwisealter the appearance or functionality of AussieHomeschool and may not edit,alter, overwrite, block or delete Website Content created by AussieHomeschool,other Users or third parties.

10. Changes and Modifications. ADMIN STAFF and AussieHomeschool reservethe sole, discretionary right to change the User Agreement and Website rules,policies, procedures and practices from time to time and will notify Users ofsignificant changes by posting notices on AussieHomeschool. Users areresponsible for reviewing the User Agreement and associated rules, policies,procedures and practices on a regular basis. ADMIN STAFF and AussieHomeschoolreserve the sole, discretionary right to change, suspend or terminate parts orall of AussieHomeschool and related websites and services at any time with orwithout prior notice. ADMIN STAFF and AussieHomeschool are not liable to Useror any third party for any change to, suspension or termination ofAussieHomeschool or related websites and services. ADMIN STAFF reserve thediscretionary right to test new policies, procedures, “alpha” and “beta”programs, offers and technologies (collectively, “New Procedures”) at any timeand in any manner.

11. Loss of Information, Outages. ADMIN STAFF and AussieHomeschoolassume no responsibility or liability for deletion of or failure to storeWebsite Content for any reason. ADMIN STAFF and AussieHomeschool have no fixedlimit on the amount of Website Content a User may create, provide, upload, linkor post but retain the exclusive, discretionary right to create, implement andenforce limitations at any time, with or without cause or prior notice. ADMINSTAFF and AussieHomeschool accept no responsibility or liability for “bugs,”errors, losses, damage or other claims relating to or arising out of internalor external hardware or software errors, power failures, outages or theinability of any person to access or use AussieHomeschool at any time or forany reason.

12. Right to Terminate Service. ADMIN STAFF and AussieHomeschool reservethe right to suspend or terminate all or any part of the password, account, useprivileges and Website access of any User or third party, and to suspend,delete, block out or eliminate any Website Content, at any time and for anyreason, including without limitation a discretionary determination by ADMINSTAFF or AussieHomeschool that a User has engaged in conduct which violates theletter or spirit of the User Agreement or any other Website rule, policy,procedure or practice. Suspension, termination, deletion, blocking and similaractions may be temporary or permanent at the sole discretion of ADMIN STAFF andAussieHomeschool. Suspension or termination of a User’s account may also resultin the suspension or termination of all other accounts registered (a) in thename of the User whose account has been suspended or terminated, (b) to membersof the same household as the User whose account has been suspended orterminated and © to computers or Users sharing a physical or IP address withthe User whose account has been suspended or terminated. A User whose accountor access privileges have been blocked or suspended may not create a newaccount, access Website using an account belonging to another User or otherwiseuse or access AussieHomeschool while the User’s privileges remain blocked orsuspended. A User whose account or access privileges have been terminated maynot create a new account or access or use AussieHomeschool in any manner. Userunderstands and agrees that rights reserved by or belonging to ADMIN STAFF andAussieHomeschool may be exercised at any time with or without cause or priornotice and that those rights include full deactivation or deletion of WebsiteContent, including without limitation Material created, provided, uploaded,linked or posted by User. ADMIN STAFF and AussieHomeschool have noresponsibility to provide User with copies of any suspended, deleted, blocked,terminated or eliminated Website Content.

13. Rules and Policies. User has read, understands and agrees to theterms of the AussieHomeschool Privacy Policy Selling Rules, Purchasing Rules,Restricted Items Policy, SPAM and Unsolicited Contact Policy, Language Policy,and Dispute Notification Policy each of which is incorporated into the UserAgreement by this reference as if fully set forth herein.

14. User Accounts. Users who register for an account withAussieHomeschool must provide certain personally identifying information andwill receive a password and other account information, some of which may beselected or provided by User. User accepts full personal liability andresponsibility for all activities occurring under or arising out of accountsregistered to, for or by User, with no exceptions. User accepts fullresponsibility for maintaining the confidentiality and security of passwordsand account information. User may change the password assigned to User’saccount pursuant to instructions posted at AussieHomeschool. User may closeexisting accounts and set up new accounts at will, provided that a User may notclose an existing account or open a new account (a) for any reason or purposewhich would violate or circumvent the User Agreement or any posted rule,policy, procedure or practice, (b) to commit or encourage others to commit anyillegal act, © to misrepresent the identity of User or any third party, or(d) to re-establish an account or access to AussieHomeschool for or on behalfof any individual whose use privileges have been suspended or terminated forany reason. User must immediately notify AussieHomeschool of any unauthorizeduse of User’s account or any other known breach of the User Agreement.

15. Terminating Accounts. User may terminate accounts registered to, byor on behalf of User. If User objects to any portion of the User Agreement orany other rule, policy, procedure or practice established, revised or posted byADMIN STAFF or AussieHomeschool the only remedy or recourse available to Useris to immediately cancel all accounts registered to, by or on behalf of Userand discontinue use of AussieHomeschool. Access and use privileges terminateimmediately upon cancellation or termination of a User account. User has noright, and AussieHomeschool and ADMIN STAFF have no obligation, to delete or tocontinue to post Website Content, to forward unread or unsent messages to Useror to provide User with information, access or service of any kind duringsuspension or following termination of an account registered by, for or onbehalf of User, regardless of the reason for suspension or termination. ADMINSTAFF and AussieHomeschool reserve the absolute, discretionary right toterminate, delete, modify or restrict access to any and all Website Content andUser accounts at any time with or without cause or prior notice. User agrees tothe terms of this paragraph without reservation. User understands and agreesthat the right of ADMIN STAFF and AussieHomeschool to terminate, delete, modifyand restrict access to Website Content and to terminate AussieHomeschool andrelated services at any time, with or without cause or prior notice is a vital,non-negotiable part of this User Agreement.

16. User Conduct. User may access and use AussieHomeschool subject tothe User Agreement, posted rules, policies, procedures and practices andapplicable law. User is completely responsible for all Website Content created,provided, uploaded, linked or posted by User or by any person using an accountregistered to, by or on behalf of User. User hereby covenants and agrees:

a. To comply with the User Agreement and all posted rules, policies, proceduresand practices of AussieHomeschool.

b. Not to disrupt, interfere with, “hack” or access without permissionAussieHomeschool or any website, network, server, system or computer connectedto AussieHomeschool.

c. Not to use AussieHomeschool or the name of AussieHomeschool or ADMIN STAFFfor or in connection with chain letters, junk mail, “spam” or unsolicitedcommunications and not to contact any other User without his or her priorwritten consent.

d. Not to create, provide, upload, link, post or transmit any unlawful,harassing, defamatory, libelous, abusive, offensive, inappropriate, sexuallyexplicit, threatening, harmful or non-permitted information or Website Content,including without limitation offensive, profane, obscene, racist or sexuallyexplicit content and language which substitutes asterisks or other alternativecharacters for part or all of a term which would otherwise violate the UserAgreement.

e. Not to create, provide, upload, link, post or transmit any information orWebsite Content which encourages or incites conduct which gives rise to actualor potential criminal or civil liability or violates applicable law, and not toknowingly create, re-create, provide, upload, link, post, re-post or comment ondeleted or banned information, warning letters, sanctions or privatecommunications from ADMIN STAFF or Aussie Homeschoo.

f. Not to intentionally interfere with the operation of AussieHomeschool or theuse and enjoyment of AussieHomeschool by any person or in any manner.

ADMIN STAFF and AussieHomeschool reserve the right to immediately delete anyWebsite Content and to terminate the access, use privileges and account of anyUser whose conduct fails to conform to the User Agreement and all posted rules,policies, procedures and practices.

g. User will not, and will not use software or programming code designed to,strip, gather or harvest information from AussieHomeschool about other Users,User accounts, third parties or the contents of AussieHomeschool servers, listsand information caches.

17. Ownership and Proprietary Content. User may not make any claim toownership of AussieHomeschool, ADMIN STAFF, Website Content, Material,trademarks, property or other rights belonging to ADMIN STAFF, AussieHomeschoolor any third party, whether or not wrongfully used, appropriated or infringedby User. User understands and agrees that Website Content not specificallycreated by User belongs to ADMIN STAFF, AussieHomeschool or other third partiesand may be protected by patent, copyright, trademark, trade dress, service markor other applicable law and that User is permitted to use and access WebsiteContent only pursuant to the provisions of the User Agreement or specificwritten authorization from the owner of the Website Content. User may not use,reproduce, copy, publish, distribute or create derivative works based uponWebsite Content owned by ADMIN STAFF, AussieHomeschool or third parties withoutthe prior written consent of the legal owner.

18. Acceptance of Risk. Website Content created, provided, uploaded,linked, posted, downloaded, obtained or accessed from or through the use ofAussieHomeschool is created, provided, uploaded, linked, posted, downloaded,obtained and accessed at the sole discretion, risk and responsibility of User.User accepts sole responsibility and liability for any loss or damage of anykind, including without limitation monetary losses, unforeseen andconsequential damages and damage to User’s computer, hardware, operatingsystem, software, network, server and Internet service resulting from orarising out of use or access to AussieHomeschool and Website Content.

19. Indemnity and Release. User hereby releases and agrees to indemnifyADMIN STAFF and AussieHomeschool from and against any and all claims, losses,liabilities, damages, demands, suits, causes of action, judgments, costs andexpenses, including without limitation court costs and attorney fees, resultingfrom or arising out of use of AussieHomeschool or any breach of the UserAgreement by User or any third party using an account registered to, by or onbehalf of User.

20. Notice. ADMIN STAFF and AussieHomeschool may provide valid,effective notice to User by posting or broadcasting notices on AussieHomeschoolor related websites or by sending User electronic communications at the e-mailaddress provided by User. Notices are deemed given when posted or sent.

21. Acceptance by User. User understands and agrees that use ofAussieHomeschool indicates full and complete agreement to each and every one ofthe Terms of Use as if User had signed a written document containing the same.