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TERMS OF USE

TERMS OF USE

INTRODUCTION. These are the Terms of Use for “WellTrainedMind.com” or “the Site,” or, more specifically, the WellTrainedMind forums, since the forums are the only place on the Site where users can add content. Please bear with us while we define some terms. Then, we can use these defined terms without having to repeat long descriptions—and that will help us go through all the things that our lawyer has told us we should be saying to protect ourselves. Sometimes we’ll say something more than once, in a couple of different ways, because it’s really important to us. Please bear with that, too. (And pay attention.)
DEFINED TERMS. The Site is operated by Peace Hill Press, Inc. ("PHP" or "we") to provide a social network for parents who are educating their children. In the “Forums” section of the Site, where we have various message boards, you (a “User”) can create your own profile (a “Profile”), submit posts to the different Forums ("Posts"), post and read and search classified ads (“Classifieds”), and send messages to other Users. Any content that a User posts to the Site is “User Content.” While you place User Content on the Site, you may also eat high calorie treats (“Cupcakes”) and drink caffeinated beverages (“Lattes”), but this is optional
BASIC CONDITIONS. These Terms of Use constitute a legally binding agreement between you and PHP. These Terms of Use will remain in full force and effect as long as you use the Site.
PUBLICLY AVAILABLE SITE. The Site is not a password-protected site, and the Forums are not password-protected either. Anyone can access the Forums and read your Posts.
INTELLECTUAL PROPERTY. PHP owns all rights in and to the Site, including, without limitation, trademark rights in the “Well-Trained Mind” name and logo and all copyrights and other rights in the content of PHP’s that appears on the Site (“PHP Content”). PHP Content and User Content together are sometimes referred to as “Site Content.”
POSTING OF USER CONTENT ON THE SITE 
  • You are solely responsible for all User Content that you post on the Site. As we will say more than once in these Terms of Use, we are not responsible for keeping an eye on the User Content and asking you (or anyone else) about it.
  • You may not post any Inappropriate User Content, which is defined below. You will be liable for any damages and costs that we may incur, including attorneys’ fees, as a result of your posting any Inappropriate User Content, whether or not anyone actually sues us. This may sound harsh, but we can’t possibly check all the User Content that gets posted, and we actually don’t want to, because then we may be legally responsible for that User Content.
NO SCREENING OF USER CONTENT
  • Site administrators DO NOT SCREEN OR REVIEW ANY USER CONTENT BEFORE IT IS POSTED. They review User Content only if another User reports or complains about it.
  • If someone does complain about User Content, PHP, acting directly or through  an administrator, has the right, but not the obligation, to remove that User Content and to take other action (described in the “Termination” section) if we determine that it is Inappropriate User Content.
INAPPROPRIATE USER CONTENT
  • Inappropriate User Content includes material, or links to material, that:
    • Comprises or includes content that you do not have the right to post. We know that we said this already but we can’t say it often enough.  Content that you do not have the right to post includes most if not all celebrity photos, no matter where you found them. There are law firms that do nothing but scour the Internet for websites where unauthorized celebrity photos appear and threaten to sue the owners and operators of those websites for copyright infringement. Posting a music video or just a soundtrack also violates the owner of the copyright in that video or soundtrack and also puts us at risk of an infringement suit. We are a family-run business and we cannot afford to defend against copyright infringement suits.
    • Defames another person who is identifiable from your Post. Very generally speaking, to defame someone is to say something that is not true about that person, in a way that enables the listener or reader to identify that person, to someone else, that causes harm to the person’s reputation. (To libel someone is to defame someone in writing.) Certain kinds of statements are “defamation per se” according to the applicable law, which means that if you say one of these things about someone and it is not true, the person does not even have to prove that the person suffered financial damages: he or she will be presumed to have suffered financial damage. So, even if your child had a teacher that abused or molested your child or someone else, or you think that a particular teacher or school administrator is incompetent, inside or outside of the school setting, be very, very careful about how you identify him in your posting. Even if you don’t give his name, he may still be identifiable from your description of him, of you, your family, your children, your neighborhood, your church or synagogue, or your job, or just from your user name, if it is your real name or an identifiable version of your real name.  If the person sues PHP, you will be liable for any money that PHP has to pay to defend against the claim, even if what you said was true. This is not legal advice. If you have any doubt about what you can and cannot say, you should consult a lawyer who specializes in defamation.
    • Violates the right of privacy of someone who is identifiable from your Post, which, very generally speaking, means publishing private or intimate facts about someone who is identifiable from your posting, that cause that person embarrassment, such as publicizing the fact that a child is illegitimate or that someone has AIDS. Another way to violate someone’s right to privacy is to present facts in a “false light” or to show a photo of a person along with a story about someone else in a way that makes it look like the person in the photo was the subject of the story. If the person sues PHP, you will be liable for any money that PHP has to pay to defend against the claim, even if what you said was true. This is not legal advice.  If you have any doubt about what you can and cannot say, you should consult a lawyer who specializes in privacy law.
    • Is patently offensive to our online community in some other way, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;  harasses or advocates harassment of another person;   involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";   is false, misleading or promotes illegal activities or conduct that is abusive; is  threatening, or obscene; contains restricted or password only access pages, or hidden pages or  images (those not linked to or from another accessible page); exploits people under the age of 18 in a sexual or violent manner, solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or  buying illegal weapons, or providing or creating computer viruses;  solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or facilitates or constitutes part of commercial activities and/or sales such as  contests, sweepstakes, barter, advertising, and pyramid schemes.
    • Attacks another User personally. This would include, for example, such Posts as “You are clearly a racist,” “”You are too stupid to educate your children,” “You are a neo-Nazi,” or “You are a bedwetting liberal,” and other personal insults that have nothing to do with the topic under discussion, such as, “Obviously you have nothing better to do than eat Cheetos and think of ways to insult me.”
    • Discusses politics. This refers to Posts that discuss the policies and politicians of the Democratic, Republican, libertarian, Tea Party, or other political parties. There are plenty of places on the Internet to discuss politics. This is not one of them.
REPORTING INAPPROPRIATE USER CONTENT. If you see what you think is Inappropriate User Content, click on the “Report” button to report it to the administrator.
INTERACTION AND DISPUTES BETWEEN USERS; RELEASE 
  • You may not use any information obtained through the Site (a) to harass, abuse, stalk, or otherwise harm another person; (b) to contact, advertise to, solicit, or sell to any User without that User’s express prior written consent or engage in any other commercial activity; or © for any other purpose other than engaging in business and social networking with other Users. If that starts to happen, no one will feel comfortable or secure using the Site.
  • You are solely responsible for your communication and interaction with any other User, online or offline. Use your common sense. When you are online, think about the community in which you are participating and also remember that the Forums are public. If there is a dispute between you and any other User, even though our administrators may step in, PHP is under no obligation to become involved.
  • You hereby release PHP, its parent, subsidiaries and affiliates, and their officers, employees, agents, and successors in interest from claims, demands, and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site. 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."
OTHER LIMITATIONS ON USE OF THE SITE. You may not:
  • Repost or distribute copies of any of any Site Content for any commercial purpose.
  • Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site.
REPRESENTATIONS AND WARRANTIES.  In addition to any representations and warranties elsewhere in these Terms of Use:
  • With respect to any User Content that you post to the Site, you represent and warrant that you own or have the necessary license, right, and/or permission to (i) reproduce, display, perform, distribute copies of, create derivative works (adaptations) of, or otherwise use that User Content in the way that the Site contemplates. This means that with respect to any  User Content that you post, (i) you created that User Content yourself; (ii) if that User Content contains any content created or owned by anyone else, you have permission from that person or company to post, show, play, and distribute copies of that User Content on the Site; and (iii) if that User Content includes any name or photo, voice, or footage of any person, you have permission to post, show, play and distribute copies of that name, photo, voice or footage as part of that User Content on the Site. 
  • You also represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms of Use; all information in any User Content that you post will be accurate and complete; you will not post any User Content that you do not have the legal right to post; no posting by you of any User Content will violate the rights of any person under any statutory or common-law right of privacy; and no User Content that you post on the Site will defame any person, violate any person’s right of publicity, or infringe or violate any other right of any other person or entity.
DISCLAIMER OF WARRANTIES.  THE SITE IS MADE AVAILABLE TO YOU “AS IS.” PHP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO (i) THE RELIABILITY, COMPLETENESS OR ACCURACY OF ANY USER CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OF ANY POST OR CLASSIFIED, OR (ii) ANY PRODUCTS OR SITES THAT YOU PROCURE THROUGH ANY CLASSIFIED OR ANY LINK ON THE SITE. PHP ALSO DISCLAIMS ANY WARRANTY OF ANY KIND RELATING TO THE RESULTS OF YOUR USE OF OR INTERACTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE EDUCATIONAL MATERIALS ON THE SITE AND ANY WARRANTY THAT THE SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
INDEMNITY. We mentioned paying our legal fees earlier where we talked about not posting Inappropriate User Content, but here the context is a little broader. You will indemnify and hold harmless PHP, its parent, subsidiaries, affiliates, officers, agents, and other partners and employees from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney's fees made by any third party (which means anyone other than you or PHP) due to or arising out of your use of the Site, including, without limitation, any claim arising from your breach of these Terms of Use, your breach of your representations and warranties set forth above, your sharing of any personally identifying information from the Site with any third party, and your posting of User Content that you do not have the right to post. This obligation will survive termination of this Agreement, which means that even after you stop using the Site, you will still be bound.
LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES WILL PHP OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF PHP OR SUCH SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE; YOUR INABILITY TO USE THE SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINA-TION OF THE SITE; ACTIONS TAKEN OR NOT TAKEN, OR STATEMENTS MADE, BY ANY USER WITH WHOM YOU COMMUNICATE OR CONSULT AS A RESULT OF SEEING A PROFILE OR A CLASSIFIED ON THE SITE; OR OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
CONSENT TO COLLECTION AND USE OF DATA. Our privacy policy, which you can read here, explains what personally identifying information is collected through the Site, how it is used, and who has access to it. 
COPYRIGHT PROTECTION POLICY.  If you believe that any content that you own has been posted on the Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached as follows: Susan Bauer, Peace Hill Press, 18021 The Glebe Lane, Charles City, VA 23030, e-mail [email protected].
GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS. You agree that: (i) the Site shall be deemed solely based in Virginia; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over PHP, either specific or general, in jurisdictions other than Virginia. If you have any dispute with us, the dispute will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Richmond, Virginia. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
TERMINATION. We reserve the right, in our sole discretion, to terminate any Profile, remove User Content, assist law enforcement in the prosecution of criminal liability, demand that you remove User Content from the Site, and/or assert a civil or criminal legal action on account of User Content or use of the Site, that we reasonably believe is or might be in violation of these Terms of Use, including but not limited to, a complaint made to us that you have violated a third party's intellectual property rights.
ADDITIONAL TERMS. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the Terms of Use invalid, the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.
CHANGES TO TERMS. If we change these Terms of Use, we will notify you by an announcement that will show up the next time you use the Forums.
These Terms of Use were last updated on November 12, 2014.