Last update: July 23, 2015
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE ("TOS") BEFORE USING THIS SITE. By continuing to access, link to, or use this Web site, or any service on this Web site, you signify YOUR ACCEPTANCE OF THE TOS. Citelighter INC. ("CLI") reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, using or linking to this site. Your access, link to, or use of the Web site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the Web site. Any terms and conditions proposed by you which are in addition to or in conflict with the TOS are expressly rejected by CLI and shall be of no force or effect. Schools, Districts, or similar organizations accessing Citelighter in conjunction with a Citelighter business account also agree to the Citelighter Platform Sales Agreement, as amended from time to time at the discretion of Citelighter, the terms of which can be found here.
User Consent to the TOS.
- You represent that you have read and agree to be bound by the TOS.
- This Web site, including but not limited to text, content, photographs, video, audio and graphics, and goods (the "Service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by CLI, its partners, and its subsidiaries, and their respective general partners and affiliates (collectively "Citelighter") and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and subsequently constitutes valuable intellectual property of Citelighter and such others.
- You agree to protect the proprietary rights of Citelighter and all others having rights in the Service for the duration of and after the term of this agreement and to comply with all reasonable written requests made by CLI or its affiliates, suppliers and licensors of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Service.
- You agree to notify CLI in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Citelighter, at all times be and remain the sole and exclusive property of Citelighter. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Citelighter for its exclusive use. In the absence of a contrary agreement, you may not copy, frame or make any use of the Service or any portion thereof. Except as specifically permitted herein, in the absence of a contrary agreement, you shall not use the Intellectual Property Rights or the Service, or any variations or derivatives thereof, for any purpose, commercial or otherwise without CLI's prior written approval.
Restrictions on Use
- YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TOS. YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN NONCOMMERCIAL ACADEMIC USE AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF, ANY OTHER PERSON OR ENTITY. YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE, OR DISPOSE OF ANY INFORMATION CONTAINED IN THE SERVICE IN ANY MANNER THAT COULD COMPETE WITH THE BUSINESS OF CITELIGHTER OR ANY OF ITS SUPPLIERS. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DISASSEMBLE, DECOMPILE, REVERSE ENGINEER, DISTRIBUTE, MODIFY, PUBLISH, DISPLAY, PERFORM, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, FRAME TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, ACADEMIC, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. YOU MAY NOT RECIRCULATE, REDISTRIBUTE OR PUBLISH THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE WITHOUT CLI'S PRIOR WRITTEN CONSENT.
- MODIFICATION OF THE SERVICE'S CONTENT WOULD IS A VIOLATION OF THE COPYRIGHTS AND OTHER PROPRIETARY RIGHTS OF CLI AND/OR CITELIGHTER INC. OR ITS SUBSIDIARIES. ADDITIONALLY, YOU MAY NOT MONOTIZE OR OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF CLI. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND.
- THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. IN THE ABSCENSE OF A CONTRARY AGREEMENT, YOU MAY NOT USE ANY OF THE TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS OF CLI AND CITELIGHTER INC. OR ITS SUBSIDIARIES SUPPLIERS OR AFFICLIATES IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH CLI'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS OF CLI AND/OR CITELIGHTER INC., OR ITS SUBSIDIARIES IN UNSOLICITED MAILINGS OR SPAM MATERIAL.YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
- You acquire absolutely no rights or licenses in or related to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Citelighter ONLY for your own Personal, Academic, Noncommercial use in accordance with the TOS and does not transfer any other rights to you.
- If you submit material to this site or to CLI or its representative, in the absence of a contrary agreement, you grant Citelighter a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's Personal, or Academic use. You grant Citelighter the right to use the name that you submit in connection with such content.
- You represent and warrant that you either own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify Citelighter and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. Citelighter and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any material submitted by you or any third party.
Fees and Payments
- CLI reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time CLI requires a fee for portions of the Service or the Service as a whole, CLI will require you to register and create an account. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Citelighter or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services.
Registration and Account Creation
- As part of the registration and account creation process necessary to obtain access to certain portions of the Service, you will select a username and a password. You will provide CLI with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that CLI, in its sole discretion, deems offensive or inappropriate. CLI reserves the right to deny creation of your account based on CLI's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify CLI by submitting a notice to email@example.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. CLI reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by submitting Feedback.
- Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, CLI reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.
Information About You and Your Visits to the Website
Information About Use of the Website by Children
- Schools or Districts who direct their students to access Citelighter, including in conjunction with a Citelighter business account for the school, district or select student(s) at a school or district, are solely responsible for ensuring that verifiable parental consent has been obtained for students under the age of 13 before personal information is collected for any such student in connection with accessing this website.
- All parental consents must be kept on file by the school or district, and a copy of any such consent must be provided to Citelighter upon request.
- If you believe a school or district has not obtained verifiable parental consent before any personal information was collected for our website, please promptly contact us at firstname.lastname@example.org.
Disclaimer and Limitation of Liability
- YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND CITELIGHTER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
- Citelighter does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Citelighter or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features.
You agree that Citelighter and its Suppliers, agents, affiliates, directors, officers, employees, representatives,
successors, and assigns shall have no responsibility or liability for:
- Any injury or damages, whether caused by the acts, omissions and or negligence of Citelighter, its affiliates, Suppliers, agents, directors, officers, employees, representatives, partners, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any punitive, incidental or consequential damages, or any claim against Citelighter by any other party; or
- Any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of Suppliers or other web sites, services, goods, or advertisements that may be linked to the Service and is not maintained or controlled by Citelighter. Citelighter is therefore not responsible for the content, availability, or accuracy of its Suppliers, other web sites, services, or goods that may be linked to, or advertised on, the Service.
Citelighter does not:
- Make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service;
- Guarantee the accuracy, completeness, usefulness or adequacy of any content web sites, services, goods, or advertisements that may be linked to or incorporated into the Service; or
- Make any endorsement, express or implied, of its Suppliers or any other web sites, services, goods, or advertisements that may be linked to the Service.
- Citelighter is also not responsible for the reliability or continued availability of, wireless services, communications media, and equipment you use to access the Service. You understand that Citelighter and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
- You acknowledge that: (i) Citelighter does not guarantee the sequence, accuracy, completeness, or timeliness of the Service;
- The provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Citelighter is a party;
- UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CITELIGHTER, ITS SUPPLIERS, AGENTS, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF CITELIGHTER HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CITELIGHTER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree, at your own expense, to indemnify, defend and hold harmless Citelighter, its Suppliers, agents,
Directors, officers, affiliates, employees, representatives, successors, and assigns from and against any
and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' and experts' fees,
arising out of or in connection with the Service, or any links on the Service, including, but not limited to:
- Your use or someone using your computer's use of the Service;
- Use by someone using your account;
- A violation of the TOS by you or anyone using your computer (or account, where applicable);
- A claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
- Any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable);
- Any misrepresentation or breach of representation or warranty made by you contained herein; or
- Any breach of any covenant or agreement to be performed by you hereunder.
- You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Citelighter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Citelighter in asserting any and all available defenses. You acknowledge and agree to pay Citelighter's reasonable attorneys' arbitration and accounting fees incurred in connection with any and all arbitration proceedings and or lawsuits brought against you by Citelighter under the TOS of the Web site and any other terms and conditions of service on this site, or the sites of Citelighter's affiliates or suppliers including without limitation, lawsuits arising from your failure to indemnify Citelighter pursuant to the TOS.
- You agree, at your own expense, to indemnify, defend and hold harmless Citelighter, its Suppliers, agents, Directors, officers, affiliates, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' and experts' fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to:
- You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.
- You agree that, without notice, CLI may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from CLI if you, in CLI's sole discretion, fail to comply with any provision of the TOS.
- Citelighter shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or CLI, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.
- In the absence of a contrary agreement, Citelighter's liability to you, for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Citelighter for the Service during the term of membership.
- Any Dispute with Citelighter, you agree to first contact us at email@example.com detailing the nature of the dispute and your specific relationship to it. In the event that Citelighter is unable to resolve a dispute in an informal manner, we each agree to resolve any claim, dispute, or controversy (with the exception of any injunctive or other equitable relief sought) arising from or relating to Citelighter TOS ("Terms"), or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. In the absence of a contrary agreement, the arbitration will be conducted in New York County. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, IN THE ABSCENSE OF A CONTRARTY AGREEMENT, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CITELIGHTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The Service shall be deemed solely based in Delaware; and
- The Service shall be deemed a passive one that does not give rise to personal jurisdiction over Citelighter, either specific or general, in jurisdictions other than Delaware. These Terms shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located at 500 North King Street City of Wilmington, County of New Castle, in the State of Delaware 19801, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
- The Service shall be deemed solely based in Delaware; and
- Knowledge cards are provided by CLI on behalf of Citelighter, Inc. for informational purposes only. You understand, acknowledge, and agree that Knowledge Cards in no way shall be considered as conforming to any educational standards or qualifications prescribed by any public private or governmental entity accredited or otherwise.
- You accept that CLI has the right to change the content or technical specifications of any aspect of the Service at any time in CLI's sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of Citelighter to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 4, and 7-22 shall survive any termination of the TOS.
- The section titles in the TOS are used solely for the convenience of you and Citelighter and have no legal or contractual significance.
- If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
- The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and CLI and govern your use of the Service.
LINKING AND FRAMING TERMS AND CONDITIONS
- YOU MAY NOT LINK TO OR FRAME THIS WEB SITE, OR ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN.
- Upon linking to this Web site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the CITELIGHTER mark owned by Citelighter inc. solely for providing an underlined, textual link from your Web site to citelighter.com. No other use of Citelighter's marks, names or logos is permitted without express written permission from CLI.
Restrictions on Linking to this Web site
- Without limiting other provisions contained in our TOS, you may include a link(s) on your Web site to citelighter.com's publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link to citelighter.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
Restrictions on Framing Activities
CLI is concerned about the integrity of this Web site when it is accessed in a manner solely determined
by third parties or viewed in a setting solely created by third parties. Specifically, CLI is concerned
with activities such as bringing up or presenting content of the Web site within another Web site ("framing").
In this regard, without limiting the provisions contained in our TOS, you may not frame any Web page from
citelighter.com, in the absence of a contrary agreement except with our express written permission. Further,
you may not archive, cache, or mirror any citelighter.com, citelighterclass.com, Knowledge cards or associated
iterations of any and all content, no existing or future developed, stemming from or connected to Citelighter
or Affiliate web page or portions of the Web site. If you would like to use, reprint, frame, or redistribute
any citelighter.com content other than as permitted herein, you must request permission from CLI by writing
to CLI Administrative services firstname.lastname@example.org. Please include:
- your name, e-mail address, and telephone number; (b) the name of your company;
- the Web site address(es) where the use will occur; and
- details about the anticipated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.
- CLI is concerned about the integrity of this Web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, CLI is concerned with activities such as bringing up or presenting content of the Web site within another Web site ("framing"). In this regard, without limiting the provisions contained in our TOS, you may not frame any Web page from citelighter.com, in the absence of a contrary agreement except with our express written permission. Further, you may not archive, cache, or mirror any citelighter.com, citelighterclass.com, Knowledge cards or associated iterations of any and all content, no existing or future developed, stemming from or connected to Citelighter or Affiliate web page or portions of the Web site. If you would like to use, reprint, frame, or redistribute any citelighter.com content other than as permitted herein, you must request permission from CLI by writing to CLI Administrative services email@example.com. Please include:
INTELLECTUAL PROPERTY ISSUES
- Please send general inquiries regarding intellectual property issues to firstname.lastname@example.org.
- General Inquiries:
Copyright Issues under Digital Millennium Copyright Act
Citelighter takes any and all intellectual property rights and any alleged violations thereof very seriously.
To file a copyright infringement notification with Citelighter, Inc, you will need to send a written communication
that includes substantially the following (see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement identifying the relationship the complaining party has to the alleged violation, including a verifying statement that if the complaining party is not the copyright owner, that they are an authorized agent to act on the owners behalf.
Such written notice should be sent to our designated agent as follows:
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is:
- Citelighter Inc., Lee Jokl, 122 W 26th St. FL4, New York, NY 10001
- The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is:
- You may also send it to us via email at email@example.com. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Citelighter takes any and all intellectual property rights and any alleged violations thereof very seriously. To file a copyright infringement notification with Citelighter, Inc, you will need to send a written communication that includes substantially the following (see Section 512(c)(3) of the Copyright Act to confirm these requirements):
Citelighter takes all TM issues very seriously. Citelighter respects the trademark rights of others.
Subscribers or Users that mislead others or violates any trademark may be permanently suspended. If
you are concerned that someone may be using your trademark, or a trademark on behalf of which you are
authorized to act, in an infringing way on the Web site, you can let us know by providing the following
information in a written submission to firstname.lastname@example.org,
including the following:
- Trademark word, symbol
- How does the use violate your rights?
- Registration number of TM
- The agency you registered your trademark with, (e.g., USPTO)
- Link to Trademark Record (optional)
- Date of First Use and First Use In Stream of Commerce
- Date of Application
- Date of Initial Registration
- Your Full Name
- Email Address
- Relation to Trademark Holder
- Company Name
- Street Address
- Zip Code
- Phone Number
- Accompanying E signature with the following statement: "I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use violates my rights or the rights of another whom I am duly authorized to act on behalf of"
- Accompanying E signature with the following statement: "I hereby state under penalty of perjury that all of the information in this notification is accurate and that I am the owner of the trademark, or authorized to act on behalf of the owner of the trademark"
- Citelighter takes all TM issues very seriously. Citelighter respects the trademark rights of others. Subscribers or Users that mislead others or violates any trademark may be permanently suspended. If you are concerned that someone may be using your trademark, or a trademark on behalf of which you are authorized to act, in an infringing way on the Web site, you can let us know by providing the following information in a written submission to email@example.com, including the following:
If you are a CLI customer utilizing our online Tutoring Services, in addition to all other provisions of this TOS:
Tutoring Options, Purchase, and Payment
We offer a number of tutoring options, all subject to our most current pricing models, which are updated from time to time and will be a part of your contract with us, as agreed between you and us at the time you purchase our tutoring services ("Tutoring Services"). Our initial assessment service, which provides model content to the student, requires the submission of a writing sample, and includes an assessment of the sample by our instructors for your review, requires a one-time fee, as adjusted from time to time. We immediately charge you for this amount upon your purchase of our assessment services. Should you decide to purchase our basic tutoring plan (the "Basic Plan"), we require an additional deposit as agreed between you and us at the time of our contracting. Our Basic Plan includes 12 hours of interactive, one on one instruction by one of our instructors.
After you have purchased our Basic Plan and paid the required initial deposit, we then ship to your designated address a pre-loaded Chromebook for the student's use during the Tutoring Service (for information regarding your use and return of the Chromebook, see section 27(e) below). Upon your receipt of the Chromebook, we then charge your designated credit card for the remaining amounts due under your purchase of the Basic Plan. By signing up for the Basic Plan, you authorize us to charge your designated credit card for both transactions.
Our Tutoring Services are available throughout the year at certain predefined periods. When you sign up for the Tutoring Service, you will be asked to choose your participation in one of the designated periods, which will be set forth on the website during your purchase and checkout process.
We also offer add-on Tutoring Services in addition to our Basic Plan. While enrolled in an online tutoring plan, you may purchase single hours at a fixed rate without upgrading or downgrading your plan. If you choose to purchase additional hours of instruction, we immediately charge your credit card for that additional instruction.
While we hope that you will be completely satisfied with our Tutoring Service, although we know that occasionally you may have an unsatisfactory experience.
If you do have an unsatisfactory session, please let us know about your experience so that we may investigate and hopefully improve our service. To report an unsatisfactory session you may call us during business hours at 443-770-3031, or you may sign in to your account and use our automated system. If our internal review process determines that your session did not meet our standards of quality, we will issue you one or more additional hours of instruction, which you may redeem at any time during designated times. Such additional hours of instruction must be used within 6 months of the day you receive them.
Operational Matters Regarding the Tutoring Services
Through our Tutoring Services, site and Software, we enable users to connect with tutors ('Tutors') who provide interactive, one-to-one instruction, tutoring and learning services on our proprietary online platform (Tutoring Sessions). As part of the Tutoring Services, we require all Tutors to pass a third party verification service ("Verification Service"), which makes reasonable commercial efforts to confirm the validity of Tutors' claimed educational credentials and lack of criminal history. We do not control, and are not responsible for, the Verification Service or any information provided by such Verification Service. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Verification Service or Tutors.
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Tutoring Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
As an online service the Tutoring Services may periodically be unavailable as we perform regular maintenance and upgrades.
If you do not agree with any part of the terms in this Section 27, neither you nor your designee or giftee may access or use the Tutoring Services. For the purposes of this agreement, "you" means a parent or guardian who pays for access to the Tutoring Services as well as the student who accesses or uses the Tutoring Services. If you are a parent, guardian, or other person who enables a child to access the Tutoring Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.
If someone else is paying for (or authorizing) your tutoring account, you agree to print this document and hand it to them.
Chromebook Use and Return
When you purchase our Tutoring Service, we automatically ship you a pre-loaded Chromebook for use during your instruction. The Chromebook will come in returnable packaging and a pre-paid, pre-addressed return label to return it to us after the conclusion of your instruction.
By purchasing our Tutoring Service and receiving a Chromebook, you agree that you will use the Chromebook only in connection with the Tutoring Service, and will take all reasonable care to prevent damage or other harm to the Chromebook. We require that you ship the Chromebook back to us within 10 business days of the completion of your instructions.
If you do not return your Chromebook within the designated time period, or we determine that your Chromebook has been damaged in any way, you hereby pre-authorize us to charge your designated credit card or other authorized payment method four-hundred ninety-nine ($499.00) for such damage or the failure to return the Chromebook.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITELIGHTER, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CHROMEBOOK FOR ANY ACTIVITY OR CONDUCT OUTSIDE YOUR INTERACTIONS WITH CITELIGHER AGENTS WHILE RECEIVING TUTORING SERVICES.
YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND COSTS AWARDED AGAINST OR OTHERWISE INCURRED BY OR IN CONNECTION WITH OR ARISING FROM ANY SUCH CLAIM, SUIT, ACTION, OR PROCEEDING ATTRIBUTABLE TO ANY SUCH CLAIM. CITELIGHTER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH CITELIGHTER IN ASSERTING ANY AND ALL AVAILABLE DEFENSES. YOU ACKNOWLEDGE AND AGREE TO PAY CITELIGHTER'S REASONABLE ATTORNEYS' ARBITRATION AND ACCOUNTING FEES INCURRED IN CONNECTION WITH ANY AND ALL ARBITRATION PROCEEDINGS AND/OR LAWSUITS BROUGHT AGAINST YOU BY CITELIGHTER UNDER THE TOS OF THE WEB SITE AND ANY OTHER TERMS AND CONDITIONS OF SERVICE ON THIS SITE, OR THE SITES OF CITELIGHTER'S AFFILIATES OR SUPPLIERS INCLUDING WITHOUT LIMITATION, LAWSUITS ARISING FROM YOUR FAILURE TO INDEMNIFY CITELIGHTER PURSUANT TO THE TOS.
- Tutoring Options, Purchase, and Payment
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and CLI;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
- Develop any third party applications that interact with other users or the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Definitions for Terms of Service
- "Academic Uses" shall mean for the purpose of academic research, education, teaching or distance learning for an accredited academic institution, organization or group.
- "Affiliate" shall mean with respect to any person, entity, shareholder, Supplier, subsidiary, officer, director, manager, or partner of such person or entity and any other person which directly or indirectly controls, is controlled by, contracted with or is under control with such person, entity, whether through the ownership or ownership of the securities, by contract or otherwise to Citelighter.
- "API" shall mean an application programming interface (API). An API is a specification the purpose of which is to be used in the capacity of an interface by software components to communicate. An API can include specifications to data structures, routines, variables and object classes. An API specification can present in many forms, including but not limited to an International Standard.
- "Application" shall mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
"Citelighter" shall mean any and all content, features and services, fee based or otherwise made available including:
- Through Web site
- Any other Citelighter or Citelighter Class branded or co-branded websites (sub-domains, international versions, widgets, and mobile versions or other iterations available or in development);
- Our Platform
- Other media, software (such as the Citelighter toolbar), devices, or networks now existing or later developed.
- "Content" shall mean all text provided by Citelighter and its Suppliers and anything you or other Subscribers or Users post on Citelighter that would not be included in the definition of Information.
- "Commercial Use" shall mean use for monetary compensation, enrichment, benefit, solicited or otherwise, by Subscriber or User, by any means including but not limited to Framing, sale, resale, loan, transfer, or other including but not limited to the monetization of Data or Content.
- "Feedback" shall mean your contacting of Citelighter immediately upon any notice you gain of unauthorized use of your account or any other violation of TOS. Such contact shall be submitted through firstname.lastname@example.org.
- "Information" shall mean facts and other information about Users and Subscribers, including actions taken by users and subscribers who interact with Citelighter.
- "Platform" shall mean Citelighter, its Affiliates and any services or API's that facilitate others, including but not limited to developers, to retrieve Data or provide Data to Citelighter.
- "Personal use" shall mean any non-monetized use that is otherwise not covered as an Academic or use.
- "Post" shall mean any post on Citelighter or otherwise made available by using Citelighter, its Affiliates, subsidiaries or subsequent iterations.
- "Service" shall mean the Web site, including but not limited to text, content, photographs, video, audio and graphics, and good.
- "Subscriber" shall mean a user of Citelighter Class.
- "Supplier" shall mean Encyclopedia Britannica, Inc. and any other third party supplier.
- "Tutoring Services" shall mean Citelighter's provision of tutorial services to Users who have specifically subscribed to receive such services.
- "User" shall mean a registered user of Citelighter.
- "Use" shall mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- "Web site" shall mean www.citelighter.com, or applicable portion of Affiliate web site.
- User Consent to the TOS.