Terms of Use

Welcome to DistractU.com owned by the Arbella Insurance Group Charitable Foundation, Inc. (“the Foundation”). This page provides you with the Terms of Use for DistractU.com. In order to use this Web site, you must agree to comply with any rules or conditions described on this page. Your agreement to be bound by these Terms of Use is a prerequisite to your using DistractU.com (“Web Site”).

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

The Foundation may at any time revise these Terms of Use by updating this posting so you should periodically examine the current Terms of Use as those will control. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Web site. To view the current Terms of Use at any time go to DistractU.com.

WEB SITE CONTENT.
All material on the Web site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, the "Content") and all intellectual property rights therein, are owned, operated, controlled, or licensed by the Foundation, or other individuals or organizations, and are protected by worldwide copyright laws. You may use Web site Content for your personal non-commercial use but no modification or further reproduction of Content is permitted.  Content may not otherwise be copied, downloaded, uploaded, reproduced, reposted, transmitted, deleted, modified, republished, retransmitted, reused, displayed, distributed, or used outside the scope of normal Web browsing or used to create derivative works or performances without the express written permission of the Foundation or the copyright owners. All other rights reserved.

Names, trademarks, service marks, trade names, trade dress, logos and products appearing on this Web site are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by the Foundation, except with the express written permission of the Foundation. Nothing contained herein shall be construed as conferring to you, by implication, estoppel or otherwise, any license, patent or trademark of the Foundation or any third party. Other product, service and company names mentioned on the Web site are for identification purposes only and may be trademarks of their respective owners.

You are solely responsible for all the information you provide on DistractU.com (collectively, "User Content") whether you post, e-mail, or otherwise transmit it via this Web site.  User Content will not include you own personal information as such information is subject to our Privacy Policy and Statements. We shall be free to use any ideas, concepts, expression, comments, vocabulary words, know-how or techniques contained in any User Content for any purpose whatsoever.

OBLIGATIONS OF WEB SITE VISITORS OR USERS.
You agree not to do any of the following while visiting or using the Web site or while participating in any services or trainings provided by or through the Web site or the Foundation:

• restrict or inhibit any other user from using and enjoying the Web site;
• impersonate any person or entity, falsely state or otherwise misrepresent your professional or other affiliation with any person or entity, or indicate that you are an employee or representative of the Foundation;
• post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
• post or transmit comments containing harassing or offensive language or engage in disruptive activities online, including excessive use of the return key or flooding;
• post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
• except as expressly permitted by the rules of this Web site, post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of solicitation on the Web site or through the Web site;
• post, upload or transmit any content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission from the owner or right holder, and such owner or holder agrees;
• post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
• solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
• violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law or any export control laws or regulations promulgated by any state or federal authority;
• access or use password protected, secure or non-public areas of the Web site without authorization;
• frame, repackage, or otherwise re-distribute any portion of the Web site; or
• use the Web site, or any services provided through the Web site, to collect personally identifying information about users of the Web site or conduct any activity in violation of www.DistractU’s Privacy Policy or Privacy Statement. The Foundation may, at its sole discretion, take any action it deems necessary, including, but not limited to, termination of access to the Web site and or any services or trainings offered by the Foundation, if the Foundation believes a user's conduct or content fails to conform with these terms and conditions or may create liability for the Foundation, its partners, its suppliers, or other users. The Foundation will not be liable to you or any third party as a result of such termination or modification. The terms and conditions provided in these Terms of Use will survive any such termination or modification.

LINKS TO OTHER WEB SITES.

The Foundation may provide links on this Web site to other Web sites that are not maintained by or under the control of the Foundation solely as a convenience to you. If you use these links, you will leave this Web site although it may appear that you are still on the DistractU.com Web site. Please remember that linked Web sites are not the Foundation’s Web sites and the information could change without the Foundation’s knowledge. Linked Web sites and their contents should not be attributed to the Foundation in any manner.  The Foundation has not attempted to verify the truth or accuracy of any third party Web site or content and does not make any representations or warranties about them. If you decide to access any of the third party Web sites linked to this Web site, you do so entirely at your own risk. In the event the Foundation endorses a particular organization, we will clearly state our endorsement next to any link to that organization.

PRIVACY.
Our policies concerning the use of your personal information are set forth in our Privacy Policy and Privacy Statement at www.DistractU.com and incorporated by reference herein. By using this Web site or the services provided by or through this Web site, you agree to waive and release the Foundation from any claim or liability in connection with the collection, use, or disclosure of information consistent with the Privacy Policy and Statement.

MINORS.
At various places on the Web site, we may ask users to enter their age or birth date or we may allow minors to use this Web site to sign up for trainings offered by the Foundation. If you are a minor signing up for any training offered through this Web site or by the Foundation, you must only do so after obtaining permission from your parent or guardian to participate in such trainings.  The Foundation relies on you as a user to be truthful in responding to these questions and assumes that you have parent or guardian permission to participate in any training offered by the Foundation. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our Internet Privacy Policy. If you are a parent or guardian who agrees to allow your minor child, or a child for whom you act as a legal guardian, to use the Web site, you agree that you will be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; (c) the consequences of any use of the Service by such Minor. The disclaimers and limitations of liability set forth herein shall apply to you for the acts of the minor. If a Minor is 18 or older, but not of the age of majority in his or her state of residence, you will still be responsible for the acts of the Minor and all disclaimers and limitations of liability will still apply.

SUBMISSIONS
While the Foundation is pleased to hear from users and welcomes your submissions of User Content or comments regarding the Foundation’s programs and services, the Foundation does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by the Foundation, it employees and agents which might seem to be similar to creative works submitted by users. Accordingly, while the Foundation values your User Content or other submissions, the Foundation must ask that you do not send original creative materials, except when specifically requested to do so, and then only if you understand that by doing so you have automatically provided the Foundation with consent to use your User Content or submissions as it so desires. REMEMBER ANY USER CONTENT OR SUBMISSION YOU SEND TO US BY ANY MEANS SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND WE SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH INFORMATION AND SHALL BE FREE TO REPRODUCE, USE, DISCLOSE, AND DISTRIBUTE THE INFORMATION TO OTHERS

WITHOUT LIMITATION.
We shall be free to use any of your User Content or submissions including any ideas, concepts, materials, intellectual property, know-how or techniques submitted to us via this Web site (e.g. your submission regarding a new vocabulary word for our dictionary) for any purpose whatsoever including but not limited to publishing, developing, manufacturing and marketing of products or services incorporating such information.

IF YOU HAVE ANY PROTECTIBLE RIGHTS IN THE ANY USER CONTENT OR SUBMISSIONS, YOU HEREBY GRANT THE FOUNDATION A ROYALTY FREE, IRREVOCABLE, AND WORLDWIDE, IN PERPETUITY LICENSE TO USE YOUR USER CONTENT OR SUBMISSIONS. IF WE DO USE YOUR USER CONTENT OR SUBMISSIONS YOU SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. YOU WAIVE ANY MORAL RIGHTS YOU HAVE TO THE USER CONTENT OR SUBMISSIONS. ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THE USE OF THE USER CONTENT OR SUBMISSIONS SHALL BE THE SOLE PROPERTY OF THE FOUNDATION. IF ANY USE BY THE FOUNDATION OF THE USER CONTENT OR SUBMISSIONS CAUSES THEM TO BE LIABLE TO ANY THIRD PARTY YOU AGREE TO INDEMNIFY THE FOUNDATION (ITS PARTNERS, SUPPLIERS AND AGENTS) FOR ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH THE FOUNDATION SHALL INCUR AS A RESULT OF THEIR USE OF THE USER CONTENT OR THE SUBMISSIONS.

DISCLAIMER OF WARRANTIES.
THIS WEB SITE, INCLUDING ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS WEB SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHERMORE, THE FOUNDATION NEITHERS WARRANTS THE ACCURACY OR COMPLETENESS OF ANY INFORMATION AT THIS WEB SITE AND THE FOUNDATION MAY MAKE CHANGES TO THE INFORMATION AT THIS WEB SITE AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS WEB SITE. INFORMATION AT THIS WEB SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEB SITE AND MAY CONTAIN ERRORS. THE FOUNDAT MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS; THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOUNDATION MAKES NO WARRANTY REGARDING ANY SERVICES, TRAININGS OR GOODS OBTAINED OR ARRANGED THROUGH THE WEB SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITE AND ANY GOODS OR SERVICES OFFERED THROUGH THIS WEB SITE.  IN NO EVENT WILL THE FOUNDATION BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, PHYSICAL HARM, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITE LINKED TO THIS WEB SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES, OR THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS WEB SITE OR WEB SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE FOUNDATION (THEIR PARTNERS, SUPPLIERS, OR AGENTS) OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEB SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS WEB SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION.
DistractU and Distractology 101 and any other marks associated with this Web site are the sole property of the Arbella Insurance Group Charitable Foundation, Inc.  No license to use any of these marks is given or implied. These marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way (except as an integral part of an authorized copy of material appearing in these Web pages) without prior written permission of the Foundation.

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