Your use of this websites constitutes acceptance of terms of use and privacy policy outlined below
TERMS OF USE | PRIVACY POLICY
The Nussbaum Educational Network, LLC owns and operates the websites www.mrnussbaum.com,
www.mrnussbaumpremium.com, professornussbaum.com and thelostlunchbox.com.
We will refer to the corporation throughout this document as “NEN”, “we” or “us”.
NEN provides these websites (the “Sites”) to you subject to the
following terms and conditions. Visiting or otherwise using www.mrnussbaum.com,
www.mrnussbaumpremium.com, professornussbaum.com and thelostlunchbox.com,
constitutes acceptance of and agreement to these terms and conditions. If
you do not so consent, you may not visit the site or use any of its contents. Please
read these Terms of Use carefully.
Privacy Policy
Please review our Privacy
Policy, which also governs your visit to the Sites and use of the content
found on the sites, including without limitation, the text, software, graphics,
images, sounds, music, and videos, and the accompanying information and
documentation (“the Content”). By visiting or using the Sites
or the Content, you agree to our Privacy Policy, as in effect from time
to time. We may modify our Privacy Policy at any time.
License and Site Access
NEN grants you a limited license to access and make personal use of the
Sites and not to download (other than necessary for page viewing) or modify
it, or any portion of it, except with our express written consent. This license
does not include any resale or commercial use of the Site or the Content;
any collection and use of any product listings, descriptions, or prices;
any derivative use of the Site and the Content; any downloading or copying
of account information for the benefit of another; or any use of data mining,
spiders, robots, or similar data gathering and extraction tools. The Sites
or any portion of them may not be reproduced, distributed, duplicated, republished
copied, sold, resold or otherwise exploited without our express written consent.
You may not frame or utilize framing techniques or caches to enclose any
trademark, logo, or other proprietary information (including images, text,
page layout, or form) of NEN without express written consent. Any unauthorized
use of the Sites automatically terminates your permission or license to use
our Sites.
You agree that you will not send us any material that is illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise objectionable. You cannot send to us any malicious
software (such as viruses, Trojan horses and the like) or other rogue programming,
political messages, solicitations, mass mailings, or any form of "spam." You
agree not to attempt illegal or unauthorized entry into our computer system,
to attempt to access sensitive system information, to access or track the
information of other users, or to use the Site for any other illegal or unauthorized
activity. You may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to your identity.
Account Violations
Teachers, please read carefully - You are responsible for postings
made by your students. By default, student-to-student messaging and student
polling is disabled. Enable these features at your discretion, but realize
in doing so, you become responsible for what is posted. NEN reserves the
right to immediately disable or cancel accounts in which inappropriate
postings are made.
Such postings may include but are not limited
to:
- postings that contain inappropriate words
- postings created to make fun of or bully another student
- whether that student is a member of the mrnussbaumpremium.com or not
- postings with sexual inuendos or suggestions
- links to inappropriate sites
NEN attempts to provide accurate descriptions of the Content.
However, we do not warrant that product descriptions or other parts of the
Content are accurate, complete, reliable, current, or error-free. If Content
is materially misrepresented, your sole remedy is to cease use of that Content
and to notify us of the purported error.
The Sites may include links to other Internet sites as a convenience to
you. We do not monitor or endorse any such sites or the information, products
or services contained on or accessible through such sites. If you access
such sites, you do so solely at your own risk.
User Account
If you wish to register to use the Sites you must continue also to abide
by these Terms of Use. You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur under
your account or password. Please note: NEN is in the business of
producing and selling of educational content and products designed for children.
However, NEN sells them to adults, who, among other things, can legally enter
into credit card transactions or other permitted payment methods and agreements. If
you are under 18, you may use NEN only with authorization and supervision
of a parent or legal guardian. NEN reserves the right to refuse service,
terminate accounts, remove or edit the Content, or cancel orders in its sole
discretion.
Intellectual Property
NEN Sites and the Content are owned by NEN, subject to copyright and other
intellectual property rights under United States and foreign laws and international
conventions. NEN reserves all rights to the Content. You agree not to engage
in the use, copying, or distribution of any Content unless you are expressly
permitted to do so by a written agreement with us. You agree not to circumvent,
disable or otherwise interfere with security related features of the Site
or features that prevent or restrict use or copying of any Content or enforce
limitations on the use of the Site or the Content.
NEN trademarks, the NEN logos, and any other product or service name or
slogan contained in the Sites and the Content are trademarks, trade dress
and service marks of NEN and its suppliers or licensors and may not be copied,
imitated or used, in whole or in part, without the prior written consent
of NEN or the applicable trademark holder. You may not use metatags or any
other "hidden text" utilizing "NEN" or any other name, trademark, service
mark or product or service name of NEN without our prior written permission.
In addition, the look and feel of the Sites, including all page headers,
custom graphics, button icons and scripts, are the service marks, trademarks
and/or trade dresses of NEN and may not be copied, imitated or used, in whole
or in part, without our prior written permission. All other trademarks, service
marks, product names and company names or logos mentioned in the Site are
the property of their respective owners. Our reference to any products, services,
processes or other information, by trade name, trademark, manufacturer, supplier
or otherwise does not constitute or imply our endorsement, sponsorship or
recommendation thereof.
Copyright Policy and Complaints
NEN respects the intellectual property of others. If you believe that any
material on the Site or any use of the Site infringes upon any copyright
that you own or control, please send us a notification of such infringement
containing the following information:
- A description of the copyrighted work or other intellectual property
that you claim has been infringed;
- A description of where the material that you claim is infringing can
be found on the Site;
- Your email address
- A statement that you believe that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
We will investigate immediately
Disclaimer of Warranties and Limitation of Liability
THESE SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE)
AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH NEN SITES
ARE PROVIDED BY NEN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING.NEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON
OR OTHERWISE MADE AVAILABLE THROUGH ITS SITES, UNLESS OTHERWISE SPECIFIED
IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEN DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEN
DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM NEN ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. NEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED
IN WRITING.
IN NO EVENT, SHALL NEN's TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE
TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE
SITE IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID TO NEN BY THE
INJURED PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR WARRANTIES
AND DAMAGES SHLL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
Indemnity
You agree to indemnify, defend and hold NEN and its affiliates,
and their respective directors, officers, employees, shareholders, agents,
suppliers, customers and users of the Content (collectively, the "NEN Parties")
harmless from and against any and all claims, liability, losses, costs and
expenses (including reasonable legal fees) incurred by any NEN Party as a
result of or in connection with (i) any breach by you of any of the provisions
of these Terms of Use; (ii) any violation by you of applicable law; and (iii)
any use or alleged use of the Site or the Content by you or anyone within
your control.
NEN reserves the right, at your expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and
in such case, you agree to cooperate with NEN defense of such claim. NEN
may deduct its costs of obtaining any recovery from the amount of the recovery
(including, without limitation, reasonable attorneys’ fees and all
other costs).
Disputes and Applicable Law
By visiting the Site, you agree that the laws of the State
of Virginia, without regard to principles of conflicts of laws, will govern
these Terms of Use and any dispute of any sort that might arise between you
and NEN. Any dispute relating in any way to your visit to the Site or to
the Content, products or services sold or distributed by NEN or through NEN
shall be solely adjudicated in Supreme Court of the State of Virginia and
you consent and submit to exclusive jurisdiction and venue in such courts
and agree to accept service of process by electronic mail.
Changes and Severability
We reserve the right to make changes to the Sites, our policies, and these
Terms of Use at any time. If any of the terms or conditions in these Terms
of Use shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
Communication with NEN
You may contact us at:
Nussbaum Educational Network LLC
47322 Wetswood Place
Sterling, VA 20165
Phone: 703.403.4541
E-mail: mrnussbaumcom@gmail.com
Privacy
Revision date: 3/14/2007
NEN has created this privacy statement
in order to demonstrate our firm commitment to privacy. The following discloses
the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer
our Web site. We use this information for no other reason.
Third Parties
Information collected on this site is strictly for our use. No billing information
is stored on NEN servers. All
billing information is stored on the servers of PayPal.com,
a third-party, secure credit-card processing company.
Your Information
NEN will
not sell your information or email address or use it for any other purposes
than to contact you. We will only submit pesonal information if required
to by law. NEN does not knowingly collect information from individuals
under the age of 18. Individuals under the age of 18 may not use any NEN
site without parental consent.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of
this site, or your dealings with this Web site, you can contact: mrnussbaumcom@gmail.com
and the Nussbaum Educational Network LLC
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