Latest Update: February 4, 2022
Additionally, by accessing any of MayaSmart.com , you represent that you are at least 18 years old and that you are fully able and competent to enter into and comply with these Terms.
These Terms, and any future modifications to such Terms, govern your use of MayaSmart.com and constitute a legal contract between you and MayaSmart.com.
If you do not agree to these Terms, please immediately discontinue using MayaSmart.com .
1. USER-GENERATED CONTENT
Absent a separate agreement with us, MayaSmart.com does not claim any ownership rights to the content created by its users and shared through MayaSmart.com (including on our social media channels), including content in our blogs or forums (“Your Content”). We reserve the right to disable the ability of users to share content through MayaSmart.com and we may also have a third party provide a forum on MayaSmart.com to share your content. After posting Your Content, subject to any rights of third party providers, you continue to retain any ownership rights you have to Your Content and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to MayaSmart.com needs to comply with these Terms.
You hereby grant MayaSmart.com a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable, and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform, and publicly display Your Content in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, MayaSmart.com (and our social media channels) without payment and without further consent or notice to you. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in backup copies.
You hereby agree that we may remove Your Content in our sole and absolute discretion. You hereby agree that if Your Content is removed from MayaSmart.com owing to a violation of these Terms, including in response to any DMCA (as defined below) take-down notice or because such Content contains illegal or otherwise objectionable images, MayaSmart.com shall have the right to use and reproduce Your Content in response to any subpoena or other judicial or administrative order; to assist government enforcement agencies or as otherwise required by law; and to protect the rights, property, or safety of MayaSmart.com, any individual, or the general public. If Your Content is removed, lost, altered, damaged, misused, or otherwise irretrievable, you agree to, and hereby do, waive MayaSmart.com from any and all liability.
You are responsible for making sure that you have all rights to Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. MayaSmart.com does not guarantee any confidentiality or privacy with respect to any of Your Content.
Additionally, you understand and agree that Your Content that is displayed on MayaSmart.com may continue to appear on MayaSmart.com even after your account is deactivated for any reason, as portions of Your Content may have been incorporated into other MayaSmart.com features, including, but not limited to, profiles, community boards, third-party social-sharing sites, and other features.
We encourage our users to submit suggestions and ideas to us on a nonconfidential basis. If you send us creative suggestions, ideas, notes, drawings, concepts, or other submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) (collectively, the “Submissions”), you automatically grant, or warrant that the owner of such material expressly grants, MayaSmart.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such Submission (in whole or in part) through MayaSmart.com and/or to incorporate it in MayaSmart.com Resources or other works in any form, media, or technology now known or hereafter developed for any purpose that MayaSmart.com chooses. MayaSmart.com does not claim any ownership rights to the Submissions. MayaSmart.com is not obligated to integrate any Submission into MayaSmart.com or MayaSmart.com Resources but may choose to do so at MayaSmart.com’s sole discretion. Regardless of whether or not a Submission is integrated into MayaSmart.com or MayaSmart.com Resources, MayaSmart.com is not obligated to maintain any Submissions in confidence and may publicly disclose or use the Submissions. The sender acknowledges that any such use by MayaSmart.com will be without any compensation to the sender whatsoever and may not credit the sender, depending on the form of the Submission. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against MayaSmart.com relating to unsolicited Submissions.
From time to time, MayaSmart.com may give you opportunities to participate in MayaSmart.com-sponsored events, promotions, and presentations through requests for user Submissions that we may request through our website, social media channels or otherwise. MayaSmart.com will post guidelines (or provide forms) on MayaSmart.com regarding your Submission. These guidelines are designed to assist you in providing MayaSmart.com with a Submission that suits our needs. MayaSmart.com may, at its discretion, alter or change the guidelines without notice to you. For instance, MayaSmart.com may extend a deadline for Submissions or accept and/or reject Submissions that fall outside the guidelines at its discretion. Requests for user Submissions are not contests, and user Submissions may be evaluated in any manner MayaSmart.com and its affiliates deem appropriate. MayaSmart.com does not guarantee that any Submission you provide will be reviewed or even considered for publication. In some cases, Submissions not chosen in a Submission request may be used on MayaSmart.com before, during, or after the close of the Submission request. Such appearance on MayaSmart.com is independent of the decision to use your Submission for a particular event, promotion, or presentation.
3. LICENSES FROM MayaSmart.com
License Grant. MayaSmart.com strives to make MayaSmart.com Resources widely available to support family learning and literacy. With that goal in mind, during and subject to the terms and conditions of these Terms, MayaSmart.com hereby grants you a limited, nonexclusive, non-sublicenseable, nontransferable, freely revocable license to access and use MayaSmart.com Resources, for personal or educational purposes, in order to
- download MayaSmart.com Resources on your personal device;
- include MayaSmart.com Resources in a presentation for use at a conference or workshop;
- print pages from MayaSmart.com Resources for nonprofit and educational uses so long as you include MayaSmart.com’s copyright notice and any other credit, byline, and copyright notice attributable to specific content on each one of MayaSmart.com pages you print and distribute (please list the source as follows: “Originally published (insert publication date) © MayaSmart.com”); or
- link to MayaSmart.com or place our embeddable video player of MayaSmart.com Resources on any kind of Web-based content (including whether such Web-based content is offered for free or a fee), including sites, blogs, e-textbooks, and online courses, so long as all forms of display, including links and embeds, are accompanied by a prominent source link back to MayaSmart.com (collectively, the “Automatic Licensed Uses”).
For clarity, aside from the foregoing Automatic Licensed Uses, you acknowledge that you shall acquire no other rights or licenses in any MayaSmart.com or MayaSmart.com Resources unless specifically and expressly granted by MayaSmart.com in writing. As between you and MayaSmart.com, all the intellectual property rights in MayaSmart.com and MayaSmart.com Resources are owned by MayaSmart.com or its licensors.
Uses Requiring Additional License. For any other copying, publishing, distribution, or modification of MayaSmart.com Resources that are not set forth above, please complete the License Request Form, and we will review your request and respond as soon as practicable. If we accept your request, we will send you a license (the “Additional License”) regarding your contemplated use. Without limiting the generality of the foregoing, you are required to obtain an Additional License for
- hosting MayaSmart.com Resources on a server for redistribution;
- modifying MayaSmart.com Resources or making derivative works of any MayaSmart.com Resources; or
- using MayaSmart.com Resources in connection with a published product (e.g., a book, magazine, film, video, or television program or audio/visual representation).
If you have any questions about our licensing policies, please email HELLO at MayaSmart.com .
License Restrictions. Except as expressly permitted under these Terms, you agree not to, nor will you allow any third party (whether or not for your benefit) to
- rent, lease, loan, or sell access to MayaSmart.com or MayaSmart.com Resources;
- decompile or reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation) or attempt to access the source code of the software underlying MayaSmart.com ;
- access (or attempt to access) any service on MayaSmart.com by any means other than as permitted in these Terms;
- circumvent, disable, or otherwise interfere with any features of MayaSmart.com that prevent, restrict, or limit the copying, sharing, or other unauthorized manipulation of any MayaSmart.com Resources or any third-party content;
- access MayaSmart.com to cause a breach of security to MayaSmart.com or interfere with the proper working of MayaSmart.com or prevent others from using MayaSmart.com or accessing MayaSmart.com Resources;
- programmatically or manually copy, scrape or appropriate data, including text and images, from content pages accessed through MayaSmart.com ;
- programmatically or manually remove or reformat page elements including MayaSmart.com logo, page header, and page footer from content;
- host or publish copies of our content or all or part of our website without attribution; or
- delete the copyright and other proprietary rights notices on MayaSmart.com or MayaSmart.com Resources.
MayaSmart.com is a nonpartisan organization and does not take positions on any legislation or ballot measures nor does it endorse or oppose any candidates in elections to public office (collectively “Lobbying Activities”). As such, you are not permitted to use any MayaSmart.com or MayaSmart.com Resources in connection with any such Lobbying Activities.
4. INTERACTIVE AND SOCIAL FEATURES
To the extent such service is available on MayaSmart.com , you are welcome to post Your Content to forums, blogs, bulletin boards, chat rooms, user commenting features, or other interactive or social features that may be offered within, or in connection with, MayaSmart.com (collectively, “Forums”). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and by other third parties without restriction. In addition, if you post Your Content on a third party service that references MayaSmart.com , Your Content may be used on, or in connection with, MayaSmart.com . MayaSmart.com accepts no responsibility whatsoever in connection with or arising from Your Content or for the personal information you choose to submit in these features. MayaSmart.com does not endorse and has limited control over the content submitted by others to Forums. Content submitted to Forums are not necessarily reviewed by MayaSmart.com prior to posting and do not necessarily reflect the opinions or policies of MayaSmart.com. MayaSmart.com makes no warranties, express or implied, as to the content in the Forums or the accuracy and reliability of any content and other materials in the Forums. Nonetheless, MayaSmart.com reserves the right to prevent you from submitting Your Content to Forums and to edit, restrict, or remove Your Content in its sole discretion.
MayaSmart.com assumes no responsibility for actively monitoring Forums for inappropriate content. If MayaSmart.com chooses, at its sole discretion, to monitor the Forums, MayaSmart.com nonetheless assumes no responsibility for the content on the Forum, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any content. In submitting Your Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
Your content that is posted on a Forum may be used by MayaSmart.com and copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed, or deleted as MayaSmart.com sees fit.
5. MayaSmart.com TRADEMARKS AND LEGAL NOTICES
MayaSmart.com trademarks, logos, images, service marks, trade names, and other distinctive branding features used on MayaSmart.com or in MayaSmart.com Resources (collectively, the “MayaSmart.com Marks”) are the trademarks of MayaSmart.com and may not be used without permission. MayaSmart.com is not granting you a license under any intellectual property right to MayaSmart.com Marks. Other trademarks, logos, and trade names that may appear on MayaSmart.com or in MayaSmart.com Resources are the property of their respective owners. You may not remove any MayaSmart.com Mark in any part of MayaSmart.com or MayaSmart.com Resources.
6. MayaSmart.com OWNERSHIP RIGHTS
MayaSmart.com and MayaSmart.com Resources are protected by United States copyright and trademark law, international conventions, and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material, or any other materials, including downloadable material, contained in MayaSmart.com or MayaSmart.com Resources (collectively, the “Materials”) are the copyrighted property of MayaSmart.com or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you by MayaSmart.com for limited use solely pursuant to these Terms. All trademarks, service marks, and trade names are proprietary to MayaSmart.com or its affiliates and/or third-party licensors. Nothing contained in these Terms shall be construed as conferring any license or right to use any trademark, design right, or copyright of MayaSmart.com, or any other third party.
As between you and MayaSmart.com, MayaSmart.com owns all right (including all intellectual property rights) to, title to, and interest in MayaSmart.com and MayaSmart.com Resources. You shall not acquire any right, title, or interest therein, except for the limited rights expressly set forth in these Terms. Any rights not expressly granted herein are reserved to MayaSmart.com. You agree to abide by all copyright notices, information, or restrictions contained in any part of MayaSmart.com or MayaSmart.com Resources.
7. THIRD PARTY CONTENT AND HYPERLINKS TO THIRD PARTY SITES
Content from other users, including information about third-party products and services and any third-party applications (“Third-Party Content”), is made available to you through MayaSmart.com . The inclusion of Third-Party Content on MayaSmart.com does not imply our affiliation or endorsement of such Third-Party Content. Because we do not control Third-Party Content, we are not responsible for any such Third-Party Content, including the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. Any such Third-Party Content is the sole responsibility of the person from which such Third-Party Content originated, and MayaSmart.com has no obligation to monitor such Third-Party Content. Notwithstanding the foregoing, MayaSmart.com or its designees reserve the right, but shall have no obligation, to prescreen; filter; remove; or refuse to accept, post, display, or transmit any Third-Party Content in whole or part with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third-Party Content is appropriate or acceptable to you, and you use MayaSmart.com at your own risk.
Additionally, MayaSmart.com or third parties may provide hyperlinks on MayaSmart.com or any other form of link or redirection of your connection to other sites (“Third-Party Sites”). These Third-Party Sites are in no way integrated into MayaSmart.com , and the inclusion of any link on MayaSmart.com does not imply MayaSmart.com’s affiliation or endorsement of such Third-Party Sites, their business practices (including their privacy policies), or any information therein. MayaSmart.com expressly disclaims responsibility for the accuracy, quality, legality, nature, availability, or reliability of Third-Party Sites linked to, by, or through MayaSmart.com . ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY SITES OR AVAILABLE THROUGH THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK.
8. ACCEPTABLE USE AND CONDUCT
You represent and warrant to MayaSmart.com that (a) you will comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of MayaSmart.com and MayaSmart.com Resources; (b) you have the right to grant to MayaSmart.com the rights granted herein, and you own or have all necessary rights to, title to, and interest in Your Content; (c) Your Content does not and will not (i) infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights, or (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any person; and (d) Your Content does not contain any viruses, Trojan horses, or other computer-programming routines that may potentially damage, harm, or otherwise interfere with MayaSmart.com or access to MayaSmart.com Resources. You are solely responsible for your conduct and Your Content on MayaSmart.com . We want to keep MayaSmart.com safe and fun for everyone, and the use of MayaSmart.com or MayaSmart.com Resources for unlawful or harmful activities is not allowed. You specifically agree that you will not post, email, or make available any content (including submission of any Messages to Forums or any of Your Content) to users or use MayaSmart.com
- in a manner that infringes, violates, or misappropriates MayaSmart.com’s or any third party’s copyright, trademark, trade secret, or other intellectual or property rights, contractual rights, or rights of publicity or privacy;
- to reveal trade secrets or any information that you have agreed, expressly or by implication, to keep confidential;
- in a manner that contains software viruses, scripts, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in illegal activities or any advertising, commercial, marketing, or promotional activities that are intended to solicit users (whether on or off MayaSmart.com ) to buy or sell services or to make donations or to link to, directly or indirectly, any sites that violate these Terms or any applicable laws, regulations;
- in a manner that is misleading, deceptive, fraudulent, or otherwise illegal or that promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that constitutes (or encourages conduct that would constitute) a criminal offense; gives rise to civil liability or otherwise violates any local, state, national, or international law; or may create liability for MayaSmart.com or cause MayaSmart.com to lose (in whole or in part) the services of our ISPs or other suppliers;
- in a manner that is libelous or defamatory or in a way that is otherwise threatening, abusive, violent, harassing, malicious, or harmful to any person or entity or invasive of another’s privacy or publicity rights;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age or is otherwise objectionable, as reasonably determined by MayaSmart.com;
- to misrepresent your affiliation with any person or entity or to obtain access to MayaSmart.com without authorization;
- to interfere or attempt to interfere with the proper working of MayaSmart.com or prevent others from using MayaSmart.com or accessing MayaSmart.com Resources or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to MayaSmart.com or that otherwise negatively affects other persons’ ability to use MayaSmart.com or access MayaSmart.com Resources;
- to obtain or attempt to obtain any Materials or information through any means not intentionally made available through MayaSmart.com ;
- to use any manual or automated means, including agents, robots, scripts, spiders, or web-scraping tools, to monitor or copy MayaSmart.com or MayaSmart.com Resources;
- to use high-volume automated website crawlers to cause excessive server load or denial of service;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person’s explicit consent;
- in a manner that employs misleading email or IP addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of MayaSmart.com Resources transmitted through MayaSmart.com or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to users who have requested not to be contacted about other services, products, or commercial interests.
You acknowledge that MayaSmart.com may terminate your account and remove your account information, as well as disable your access to MayaSmart.com , for violation of this section or these Terms and any other reason as MayaSmart.com may deem reasonably necessary.
9. YOUR ACCOUNT
We may ask you to register and create an account in order to access, interact with, or otherwise use certain MayaSmart.com or access MayaSmart.com Resources. You are responsible for keeping your MayaSmart.com account information secure. You agree to provide MayaSmart.com with current, complete, and accurate information for the duration of your MayaSmart.com account. MayaSmart.com accounts are nontransferable. You will be solely responsible and liable for any activity that occurs within your MayaSmart.com account. MayaSmart.com reserves the right to log off or deactivate accounts for extended inactivity, any violation of these Terms, or any other reason at any time at the sole discretion of MayaSmart.com. You may deactivate your MayaSmart.com account and end your use of MayaSmart.com at any time by sending an email to INFO at MayaSmart.com requesting deactivation of your account.
10. DISCLAIMER OF WARRANTIES
YOUR USE OF MayaSmart.com AND MayaSmart.com RESOURCES (INCLUDING THIRD-PARTY CONTENT) ARE AT YOUR SOLE RESPONSIBILITY AND RISK. MayaSmart.com AND ALL MayaSmart.com RESOURCES (INCLUDING THIRD-PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MayaSmart.com AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NONINFRINGEMENT. MayaSmart.com AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS DISCLAIM ANY WARRANTY THAT MayaSmart.com OR MayaSmart.com RESOURCES (INCLUDING THIRD-PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT MayaSmart.com ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE FREE FROM SECURITY BREACHES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MayaSmart.com IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to indemnify, defend, protect, and hold harmless MayaSmart.com, and its successors, subsidiaries, affiliates, cobranders, contractors, employees, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to
your use or misuse of, or connection to, MayaSmart.com or MayaSmart.com Resources;
your breach or alleged breach of these Terms;
your violation of any rights (including intellectual property rights) of a third party; and
MayaSmart.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MayaSmart.com. MayaSmart.com will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. YOUR INTERACTIONS WITH OTHER USERS
Your interactions with other users and third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the other user or third party. As with any Web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any user or third party, MayaSmart.com is under no obligation to become involved.
You release MayaSmart.com, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature arising out of or related to any disputes with other users and other third parties. If you are a California resident, you waive California Civil Code Section 1542, which says, “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.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
13. LIMITATION OF LIABILITY
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MayaSmart.com OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, OR AGENTS BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COST OF COVER OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MayaSmart.com OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE THE MATERIALS, INCLUDING ANY OF MayaSmart.com CODE, THROUGH MayaSmart.com OR ANY OTHER INTERACTIONS WITH MayaSmart.com OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE MayaSmart.com (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF ONE HUNDRED DOLLARS (US$100).
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN MayaSmart.com AND RECEIVED BY YOU THROUGH MayaSmart.com OR RECEIVED BY YOU ON ANY THIRD-PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
15. CHANGES TO MayaSmart.com
MayaSmart.com reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any of MayaSmart.com or any part thereof, including adding new features to MayaSmart.com , with or without notice. MayaSmart.com will not be liable to you or to any third party for any modification, suspension, or discontinuance of any portion of MayaSmart.com or any of MayaSmart.com as a whole.
17. TERM AND TERMINATION
Term. These Terms shall remain in full force and effect unless and until your account is terminated as provided herein.
Termination. MayaSmart.com has the right to delete, disable, or deactivate your account (or any part thereof); block your email or IP address or otherwise terminate your access to or use of MayaSmart.com ; and remove and discard all or any part of your account or any Submissions, with or without notice, and with no liability of any kind to you or any third party.
You may delete your MayaSmart.com account and end your use of MayaSmart.com at any time by sending an email to WEBMASTER at MayaSmart.com requesting deletion of your account.
Effects of Terminating. Upon deleting or terminating your account, these Terms terminate and you will no longer have a right to access your account or any MayaSmart.com Resources.
Survival. The following Sections will survive termination of these Terms for any reason: Sections 1, 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, and 21.
18. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of Wisconsin as applied to contracts that are executed and performed entirely in Wisconsin. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Milwaukee County, Wisconsin. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
The failure of MayaSmart.com to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not delegate or transfer your duties and obligations under these Terms or assign these Terms or your MayaSmart.com account, in whole or in part, to anyone. MayaSmart.com may assign any of its rights and obligations under these Terms without notice or consent, including in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction.
The terms including and includes shall be deemed to be followed by the statement “without limitation,” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
MayaSmart.com may provide you with notices, including those regarding changes to these Terms or any of MayaSmart.com’s terms and conditions, by email, regular mail, or postings on MayaSmart.com. Notices not pertaining to any amendments to these Terms or any Guidelines (such as notices relating to technical changes to MayaSmart.com ) are deemed given two (2) days following the initial posting.
21. CONTACTING US
You may contact MayaSmart.com at firstname.lastname@example.org.